83 FR 31725 - Chlorinated Isocyanurates From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 131 (July 9, 2018)
International Trade Administration
Federal Register Volume 83, Issue 131 (July 9, 2018)
| Page Range | 31725-31727 | |
| FR Document | 2018-14670 |
[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)] [Notices] [Pages 31725-31727] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14670] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-469-814] Chlorinated Isocyanurates From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that sales of chlorinated isocyanurates (chlorinated isos) from Spain by Ercros S.A. (Ercros), were not sold at less than normal value during the period of review (POR) June 1, 2016, through May 31, 2017. Interested parties are invited to comment on these preliminary results. DATES: Applicable July 9, 2018. FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261. SUPPLEMENTARY INFORMATION: Background On August 1, 2017, Commerce initiated this administrative review on chlorinated isos from Spain covering one company, Ercros.\1\ The events that have occurred between initiation and these preliminary results are discussed in the Preliminary Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 35749 (August 1, 2017). \2\ See Memorandum, ``Decision Memorandum for Preliminary Results of the 2016-2017 Antidumping Duty Administrative Review of Chlorinated Isocyanurates from Spain,'' dated concurrently with this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- 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.\3\ 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 [[Page 31726]] description of the scope of the order is dispositive. --------------------------------------------------------------------------- \3\ For a complete description of the Scope of the Order, see Preliminary Decision Memorandum. --------------------------------------------------------------------------- Methodology Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. Normal value has been calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. 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 is available to all parties in the 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 version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Preliminary Results of Review As a result of this review, we preliminarily determine that, for the period June 1, 2016, through May 31, 2017, the following dumping margin exists: ------------------------------------------------------------------------ Weight- average Manufacturer/exporter dumping margin (percent) ------------------------------------------------------------------------ Ercros..................................................... 0.00 ------------------------------------------------------------------------ Disclosure and Public Comment Commerce intends to disclose to the parties to the proceeding any calculations performed in connection with these preliminary results within five days of the date of publication of this notice.\4\ Interested parties may submit case briefs to Commerce in response to these preliminary results no later than 30 days after the publication of this notice.\5\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.\6\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\7\ Case and rebuttal briefs should be filed using ACCESS.\8\ In order to be properly filed, ACCESS must successfully receive an electronically-filed document in its entirety by 5 p.m. Eastern Time on the established deadline. --------------------------------------------------------------------------- \4\ See 19 CFR 351.224(b). \5\ See 19 CFR 351.309(c)(1)(ii). \6\ See 19 CFR 351.309(d)(1) and (2). \7\ See 19 CFR 351.309(c)(2) and (d)(2). \8\ See 19 CFR 351.303. --------------------------------------------------------------------------- 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, 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 (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, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date and time to be determined. Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Assessment Rates Upon issuance of the final results in this administrative review, Commerce shall determine, and Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in accordance with 19 CFR 351.212(b)(1). If Ercro's weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent) in the final results of this review, we will calculate importer- or customer- specific ad valorem assessment rates based on the ratio of the total amount of dumping calculated for the importer/customer's examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where 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. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. For entries of subject merchandise during the POR produced by the respondent for which it did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after the date of publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the company under review will be the rate established in the final results of this review, except, if the rate is zero or de minimis (i.e., less than 0.5 percent), no cash deposit will be required; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters is 24.83 percent, the all-others rate established in the investigation.\9\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \9\ See Chlorinated Isocyanurates From Spain: Notice of Final Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10, 2005). --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR [[Page 31727]] 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 Commerce'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. Dated: July 3, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, 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. Allegation of a Particular Market Situation V. Comparisons to Normal Value VI. Product Comparisons VII. Date of Sale VIII. Export Price IX. Normal Value X. Currency Conversion XI. Recommendation [FR Doc. 2018-14670 Filed 7-6-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices 31725
DEPARTMENT OF COMMERCE products and two foreign status DEPARTMENT OF COMMERCE
materials/components to the scope of
Foreign-Trade Zones Board authority. Pursuant to 15 CFR 400.14(b), International Trade Administration
[B–17–2018] additional FTZ authority would be [A–469–814]
limited to the specific foreign-status
Foreign-Trade Zone (FTZ) 21— materials/components and specific Chlorinated Isocyanurates From Spain:
Charleston, South Carolina; finished products described in the Preliminary Results of Antidumping
Authorization of Production Activity; submitted notification (as described Duty Administrative Review; 2016–
AGRU America Charleston, LLC; (High below) and subsequently authorized by 2017
Density Polyethylene Pipe); North the FTZ Board.
Charleston, South Carolina AGENCY: Enforcement and Compliance,
Production under FTZ procedures International Trade Administration,
On March 5, 2018, AGRU America could exempt AGRU America from U.S. Department of Commerce.
Charleston, LLC (AGRU America) customs duty payments on the foreign- SUMMARY: The Department of Commerce
submitted a notification of proposed status materials/components used in (Commerce) preliminarily determines
production activity to the FTZ Board for export production. On its domestic that sales of chlorinated isocyanurates
its facility within FTZ 21—Site 38,1 in sales, for the foreign-status materials/ (chlorinated isos) from Spain by Ercros
North Charleston, South Carolina. components noted below and in the S.A. (Ercros), were not sold at less than
The notification was processed in existing scope of authority, AGRU normal value during the period of
accordance with the regulations of the America would be able to choose the review (POR) June 1, 2016, through May
FTZ Board (15 CFR part 400), including duty rates during customs entry 31, 2017. Interested parties are invited
notice in the Federal Register inviting procedures that apply to polyethylene to comment on these preliminary
public comment (83 FR 10657, March fittings, and polyethylene floaters (duty results.
12, 2018). On July 3, 2018, the applicant
rate 5.3%). AGRU America would be DATES: Applicable July 9, 2018.
was notified of the FTZ Board’s decision
able to avoid duty on foreign-status
that no further review of the activity is FOR FURTHER INFORMATION CONTACT:
components which become scrap/waste.
warranted at this time. The production Andrew Huston, AD/CVD Operations,
activity described in the notification Customs duties also could possibly be Office VII, Enforcement and
was authorized, subject to the FTZ Act deferred or reduced on foreign-status Compliance, International Trade
and the FTZ Board’s regulations, production equipment. Administration, U.S. Department of
including Section 400.14. The materials/components sourced Commerce, 1401 Constitution Avenue
Dated: July 3, 2018. from abroad include rigid polyethylene NW, Washington, DC 20230; telephone:
Elizabeth Whiteman, pipes and ethylene propylene diene (202) 482–4261.
Acting Executive Secretary. monomers (EPDM) (duty rate ranges SUPPLEMENTARY INFORMATION:
from 2.5% to 3.1%).
[FR Doc. 2018–14619 Filed 7–6–18; 8:45 am] Background
BILLING CODE 3510–DS–P Public comment is invited from
interested parties. Submissions shall be On August 1, 2017, Commerce
initiated this administrative review on
addressed to the Board’s Executive
DEPARTMENT OF COMMERCE chlorinated isos from Spain covering
Secretary at the address below. The
one company, Ercros.1 The events that
closing period for their receipt is August
Foreign-Trade Zones Board have occurred between initiation and
20, 2018. these preliminary results are discussed
[B–43–2018] A copy of the notification will be in the Preliminary Decision
available for public inspection at the Memorandum.2
Foreign-Trade Zone (FTZ) 21—
Office of the Executive Secretary,
Charleston, South Carolina; Scope of the Order
Foreign-Trade Zones Board, Room
Notification of Proposed Production The products covered by the order are
Activity; AGRU America Charleston, 21013, U.S. Department of Commerce,
1401 Constitution Avenue NW, chlorinated isos, which are derivatives
LLC (Polyethylene Fittings and of cyanuric acid, described as
Floaters); North Charleston, South Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s chlorinated s-triazine triones.3
Carolina Chlorinated isos are currently
website, which is accessible via
AGRU America Charleston, LLC www.trade.gov/ftz. classifiable under subheadings
(AGRU America) submitted a 2933.69.6015, 2933.69.6021,
For further information, contact 2933.69.6050, 3808.40.50, 3808.50.40
notification of proposed production
activity to the FTZ Board for its facility Juanita Chen at juanita.chen@trade.gov and 3808.94.5000 of the Harmonized
in North Charleston, South Carolina. or 202–482–1798. Tariff Schedule of the United States
The notification conforming to the Dated: July 2, 2018. (HTSUS). The HTSUS subheadings are
requirements of the regulations of the Elizabeth Whiteman, provided for convenience and customs
FTZ Board (15 CFR 400.22) was purposes only; the written product
Acting Executive Secretary.
received on June 27, 2018. [FR Doc. 2018–14607 Filed 7–6–18; 8:45 am]
AGRU America already has authority 1 See Initiation of Antidumping and
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 3510–DS–P Countervailing Duty Administrative Reviews, 82 FR
to produce high density polyethylene
35749 (August 1, 2017).
pipe within Site 38 of FTZ 21. The 2 See Memorandum, ‘‘Decision Memorandum for
current request would add two finished Preliminary Results of the 2016–2017 Antidumping
Duty Administrative Review of Chlorinated
1 The Notification of Proposed Production Isocyanurates from Spain,’’ dated concurrently with
Activity mistakenly identified the site number as this notice (Preliminary Decision Memorandum).
Site 5, instead of Site 38. See 83 FR 10657 (March 3 For a complete description of the Scope of the
12, 2018). Order, see Preliminary Decision Memorandum.
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![Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices 31727
351.402(f)(2) to file a certificate SUPPLEMENTARY INFORMATION: Rescission of Review
regarding the reimbursement of Pursuant to 19 CFR 351.213(d)(1),
Background
antidumping duties prior to liquidation Commerce will rescind an
of the relevant entries during this On February 1, 2018, Commerce
published in the Federal Register a administrative review, in whole or in
review period. Failure to comply with part, if the party that requested the
this requirement could result in notice of opportunity to request an
administrative review of the AD order review withdraws its request within 90
Commerce’s presumption that
on shrimp from China for the period days of the publication date of the
reimbursement of antidumping duties
February 1, 2017, through January 31, notice of initiation of the requested
occurred and the subsequent assessment
2018.1 On February 22, 2018, in review. The petitioner and Domestic
of double antidumping duties.
We are issuing and publishing these accordance with section 751(a) of the Processors withdrew their requests for
results in accordance with sections Tariff Act of 1930, as amended (the Act), review within the 90-day deadline.
751(a)(1) and 777(i)(1) of the Act. and 19 CFR 351.213(b), the Ad Hoc Because Commerce received no other
Shrimp Trade Action Committee (the requests for review of the above-
Dated: July 3, 2018. referenced companies, and no other
petitioner) timely requested a review of
Gary Taverman, requests were made for a review of the
the AD order with respect to 55
Deputy Assistant Secretary for Antidumping AD order on shrimp from China with
companies.2 On February 27, 2018, the
and Countervailing Duty Operations, respect to other companies, we are
performing the non-exclusive functions and American Shrimp Processors
Association (Domestic Processors) rescinding the administrative review
duties of the Assistant Secretary for
Enforcement and Compliance. requested a review of the AD order with covering the period February 1, 2017,
respect 93 companies.3 On April 16, through January 31, 2018, in full, in
Appendix—List of Topics Discussed in 2018, in accordance with section 751(a) accordance with 19 CFR 351.213(d)(1).
the Preliminary Decision Memorandum of the Act and 19 CFR 351.221(c)(1)(i), Assessment
I. Summary Commerce initiated an administrative
II. Background review of the AD order on shrimp from Commerce will instruct U.S. Customs
III. Scope of the Order China with respect to these companies.4 and Border Protection (CBP) to assess
IV. Allegation of a Particular Market On June 4, 2018, the petitioner timely antidumping duties on all appropriate
Situation withdrew its request for an entries of shrimp from China during the
V. Comparisons to Normal Value POR at rates equal to the cash deposit
VI. Product Comparisons administrative review of 55 companies
listed in the Initiation Notice.5 On June rate for estimated antidumping duties
VII. Date of Sale
VIII. Export Price 5, 2018, Domestic Processors partially required at the time of entry, or
IX. Normal Value withdrew their request for an withdrawal from warehouse, for
X. Currency Conversion administrative review with respect to consumption, in accordance with 19
XI. Recommendation Fuqing Dongwei Aquatic Products Ind.6 CFR 351.212(c)(1)(i). Commerce intends
[FR Doc. 2018–14670 Filed 7–6–18; 8:45 am] On June 15, 2018, Domestic Processors to issue appropriate assessment
BILLING CODE 3510–DS–P timely withdrew their request for an instructions to CBP 15 days after
administrative review with respect to all publication of this notice in the Federal
of the remaining companies listed in the Register.
DEPARTMENT OF COMMERCE Initiation Notice.7 No other party Notification to Importers
requested a review.
International Trade Administration This notice serves as the only
1 See
Antidumping or Countervailing Duty Order, reminder to importers of their
[A–570–893]
Finding, or Suspended Investigation; Opportunity responsibility under 19 CFR
to Request Administrative Review, 83 FR 4639 351.402(f)(2) to file a certificate
Certain Frozen Warmwater Shrimp (February 1, 2018).
From People’s Republic of China: 2 See Petitioner’s request for administrative
regarding the reimbursement of
Rescission of Antidumping Duty review, ‘‘Certain Frozen Warmwater Shrimp from antidumping duties prior to liquidation
Administrative Review; 2017–2018 the People’s Republic of China: Request for of the relevant entries during this
Antidumping Duty Administrative Review,’’ dated review period. Failure to comply with
AGENCY: Enforcement and Compliance, February 22, 2018 (Petitioner’s Review Request).
this requirement could result in the
3 See Domestic Processors’ request for
International Trade Administration, presumption that reimbursement of
administrative review, ‘‘Certain Frozen Warmwater
Department of Commerce. Shrimp from the People’s Republic of China: antidumping duties occurred and the
SUMMARY: The Department of Commerce Request for Antidumping Duty Administrative subsequent assessment of doubled
(Commerce) is rescinding the Review,’’ dated February 27, 2018 (Domestic antidumping duties.
Processors’ Review Request).
administrative review of the 4 See Initiation of Antidumping and
antidumping duty (AD) order on certain Notification Regarding Administrative
Countervailing Duty Administrative Reviews, 83 FR
frozen warmwater shrimp (shrimp) from 16298 (April 16, 2018) (Initiation Notice).
Protective Order
the People’s Republic of China (China) 5 See Petitioner’s withdrawal of administrative
This notice also serves as the only
for the period of review (POR) February review request, ‘‘Certain Frozen Warmwater Shrimp reminder to parties subject to
from the People’s Republic of China: Domestic
1, 2017, through January 31, 2018. Producers’ Withdrawal of Review Requests,’’ dated administrative protective orders (APO)
DATES: Applicable July 9, 2018. June 4, 2018. of their responsibility concerning the
FOR FURTHER INFORMATION CONTACT: 6 See Domestic Processors’ partial withdrawal of disposition of proprietary information
Trenton Duncan or Kabir Archuletta, administrative review request, ‘‘Administrative disclosed under APO in accordance
sradovich on DSK3GMQ082PROD with NOTICES
Review of the Antidumping Duty Order Covering
AD/CVD Operations, Office V, Frozen Warmwater Shrimp from the People’s
with 19 CFR 351.305(a)(3), which
Enforcement and Compliance, Republic of China (POR 13: 02/01/17–01/31/18): continues to govern business
International Trade Administration, American Shrimp Processors Association’s Partial
U.S. Department of Commerce, 1401 Withdrawal of Review Request—Fuqing Dongwei Frozen Warmwater Shrimp from the People’s
Aquatic Products Ind.,’’ dated June 5, 2018. Republic of China (POR 13: 02/01/17–01/31/18):
Constitution Avenue NW, Washington, 7 See Domestic Processors’ withdrawal of American Shrimp Processors Association’s
DC 20230; telephone: (202) 482–3539 or administrative review request, ‘‘Administrative Withdrawal of Review Request in its Entirety,’’
(202) 482–2593, respectively. Review of the Antidumping Duty Order Covering dated June 18, 2018.
VerDate Sep<11>2014 18:00 Jul 06, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\09JYN1.SGM 09JYN1](https://thefederalregister.org/doc/83_FR_31856/page/3.svg)
Document Created: 2018-07-07 00:41:54
Document Modified: 2018-07-07 00:41:54
| 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 | Applicable July 9, 2018. | |
| Contact | Andrew Huston, 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) 482-4261. | |
| FR Citation | 83 FR 31725 |
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