83 FR 53607 - Chlorinated Isocyanurates From Spain: Final Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 206 (October 24, 2018)
International Trade Administration
Federal Register Volume 83, Issue 206 (October 24, 2018)
| Page Range | 53607-53608 | |
| FR Document | 2018-23221 |
[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)] [Notices] [Pages 53607-53608] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23221] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-469-814] Chlorinated Isocyanurates From Spain: Final 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) determines that Ercros S.A. (Ercros) did not make sales of subject merchandise at less than fair value during the period of review (POR), June 1, 2016, through May 31, 2017. DATES: Applicable October 24, 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 July 9, 2018, Commerce published the Preliminary Results.\1\ Since the Preliminary Results, the following events have taken place: Commerce received a timely case brief from the petitioners \2\ on August 8, 2018. Ercros filed a timely rebuttal brief on August 13, 2018. --------------------------------------------------------------------------- \1\ See Chlorinated Isocyanurates from Spain: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 31725 (July 9, 2018). \2\ The petitioners in this case are Bio-Lab, Inc., Clearon Corp., and Occidental Chemical Corporation. --------------------------------------------------------------------------- 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 description of the scope of the order is dispositive. --------------------------------------------------------------------------- \3\ For a complete description of the Scope of the Order, see Memorandum, ``Issues and Decision Memorandum for Final Results of the 2016-2017 Antidumping Duty Administrative Review of Chlorinated Isocyanurates from Spain,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised by parties in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is hereby adopted with this notice. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties in the Central Records Unit of the main Commerce Building, Room B8024. In addition, a complete version of the Issues and Decision Memorandum is also accessible on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding the Preliminary Results, we have made no changes to our calculations. Therefore, the final results do not differ from the Preliminary Results. Final Results of Review As a result of this review, we 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 ------------------------------------------------------------------------ Assessment Rates Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of these final results of review. Since Ercros' weighted-average dumping margin is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Commerce clarified its ``automatic assessment'' regulation on May 6, 2003.\4\ This clarification will apply to entries of subject merchandise during the POR produced by Ercros for which these companies did not know that the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the all-others rate during the POR if there is no rate for the [[Page 53608]] intermediate company(ies) involved in the transaction. --------------------------------------------------------------------------- \4\ For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) The cash deposit rate for Ercros will be equal to the weighted-average dumping margin established in the final results of this review, except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for other manufacturers and exporters covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company- specific rate published for the most recently completed segment of this proceeding in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 24.83 percent, the all-others rate established in the LTFV investigation.\5\ These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \5\ 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 final 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 Commerce's presumption that reimbursement of antidumping duties occurred which will result in the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice is the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: October 17, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Scope of the Order III. Discussion of the Issues Comment: Allegation of a Particular Market Situation (PMS) IV. Recommendation [FR Doc. 2018-23221 Filed 10-23-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices 53607
it finds compelling reasons to deny the SUMMARY: The Department of Commerce Centralized Electronic Services System
request. (Commerce) determines that Ercros S.A. (ACCESS). ACCESS is available to
On September 26, 2018, the (Ercros) did not make sales of subject registered users at http://access.trade
petitioner 2 in the steel racks LTFV merchandise at less than fair value .gov, and it is available to all parties in
investigation submitted a timely request during the period of review (POR), June the Central Records Unit of the main
that Commerce postpone the 1, 2016, through May 31, 2017. Commerce Building, Room B8024. In
preliminary determination in the DATES: Applicable October 24, 2018. addition, a complete version of the
investigation to the maximum extent FOR FURTHER INFORMATION CONTACT: Issues and Decision Memorandum is
permitted under the statute.3 The Andrew Huston, AD/CVD Operations, also accessible on the internet at http://
petitioner requested the postponement Office VII, Enforcement and enforcement.trade.gov/frn/index.html.
to provide Commerce, and the Compliance, International Trade The signed Issues and Decision
petitioner, time to review questionnaire Administration, U.S. Department of Memorandum and the electronic
responses and identify deficiencies Commerce, 1401 Constitution Avenue versions of the Issues and Decision
within those responses, and to provide NW, Washington, DC 20230; telephone: Memorandum are identical in content.
time for Commerce to issue, and receive (202) 482–4261. Changes Since the Preliminary Results
responses to, supplemental SUPPLEMENTARY INFORMATION:
questionnaires prior to the preliminary Based on a review of the record and
determination.4 Background comments received from interested
For the reasons stated above by the On July 9, 2018, Commerce published parties regarding the Preliminary
petitioner, and because there are no the Preliminary Results.1 Since the Results, we have made no changes to
compelling reasons to deny the request, Preliminary Results, the following our calculations. Therefore, the final
Commerce, in accordance with section events have taken place: Commerce results do not differ from the
733(c)(1)(A) of the Act, is postponing received a timely case brief from the Preliminary Results.
the deadline for the preliminary petitioners 2 on August 8, 2018. Ercros
Final Results of Review
determination in the steel racks LTFV filed a timely rebuttal brief on August
investigation by 50 days (i.e., until 190 13, 2018. As a result of this review, we
days after the date on which this determine that, for the period June 1,
Scope of the Order
investigation was initiated). As a result, 2016, through May 31, 2017, the
Commerce will issue its preliminary The products covered by the order are following dumping margin exists:
determination in the steel racks LTFV chlorinated isos, which are derivatives
investigation no later than January 16, of cyanuric acid, described as Weight-
2019. In accordance with section chlorinated s-triazine triones.3 average
Chlorinated isos are currently Manufacturer/exporter dumping
735(a)(1) of the Act and 19 CFR margin
351.210(b)(1), the deadline for the final classifiable under subheadings (percent)
determination in this investigation will 2933.69.6015, 2933.69.6021,
continue to be 75 days after the date of 2933.69.6050, 3808.40.50, 3808.50.40 Ercros ........................................... 0.00
the preliminary determination, unless and 3808.94.5000 of the Harmonized
postponed at a later date. Tariff Schedule of the United States Assessment Rates
This notice is issued and published (HTSUS). The HTSUS subheadings are
provided for convenience and customs Commerce shall determine, and U.S.
pursuant to section 733(c)(2) of the Act
purposes only; the written product Customs and Border Protection (CBP)
and 19 CFR 351.205(f)(1).
description of the scope of the order is shall assess, antidumping duties on all
Dated: October 18, 2018. appropriate entries of subject
dispositive.
Christian Marsh, merchandise in accordance with the
Deputy Assistant Secretary for Enforcement Analysis of Comments Received final results of this review. Commerce
and Compliance. All issues raised by parties in the case intends to issue appropriate assessment
[FR Doc. 2018–23223 Filed 10–23–18; 8:45 am] and rebuttal briefs are addressed in the instructions directly to CBP 15 days
BILLING CODE 3510–DS–P Issues and Decision Memorandum, after the date of publication of these
which is hereby adopted with this final results of review. Since Ercros’
notice. A list of the issues addressed in weighted-average dumping margin is
DEPARTMENT OF COMMERCE the Issues and Decision Memorandum is zero or de minimis, we will instruct CBP
appended to this notice. The Issues and to liquidate the appropriate entries
International Trade Administration Decision Memorandum is a public without regard to antidumping duties.
[A–469–814] document and is available electronically Commerce clarified its ‘‘automatic
via Enforcement and Compliance’s assessment’’ regulation on May 6, 2003.4
Chlorinated Isocyanurates From Spain: Antidumping and Countervailing Duty This clarification will apply to entries of
Final Results of Antidumping Duty subject merchandise during the POR
Administrative Review; 2016–2017 1 See Chlorinated Isocyanurates from Spain:
produced by Ercros for which these
Preliminary Results of Antidumping Duty companies did not know that the
AGENCY: Enforcement and Compliance, Administrative Review; 2016–2017, 83 FR 31725
merchandise was destined for the
International Trade Administration, (July 9, 2018).
2 The petitioners in this case are Bio-Lab, Inc., United States. In such instances, we will
U.S. Department of Commerce.
amozie on DSK3GDR082PROD with NOTICES1
Clearon Corp., and Occidental Chemical instruct CBP to liquidate un-reviewed
Corporation. entries at the all-others rate during the
2 The petitioner is the Coalition for Fair Rack 3 For a complete description of the Scope of the
Imports. POR if there is no rate for the
Order, see Memorandum, ‘‘Issues and Decision
3 See Letter from the petitioner, ‘‘Steel Racks from
Memorandum for Final Results of the 2016–2017
the People’s Republic of China: Request to Extend Antidumping Duty Administrative Review of 4 For a full discussion of this clarification, see
the Preliminary Determination,’’ dated September Chlorinated Isocyanurates from Spain,’’ dated Antidumping and Countervailing Duty Proceedings:
26, 2018. concurrently with this notice (Issues and Decision Assessment of Antidumping Duties, 68 FR 23954
4 Id. Memorandum). (May 6, 2003).
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![53608 Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices
intermediate company(ies) involved in responsibility concerning the return or qualified non-Federal scientists (natural
the transaction. destruction of proprietary information and social), resource managers, and
disclosed under the APO in accordance people representing other interests or
Cash Deposit Requirements
with 19 CFR 351.305(a)(3), which organizations involved with, or affected
The following cash deposit continues to govern business by, marine protected areas, including in
requirements will be effective for all proprietary information in this segment the Great Lakes. Additionally, notice is
shipments of the subject merchandise of the proceeding. Timely written hereby given of a Committee meeting to
entered, or withdrawn from warehouse, notification of the return or destruction be held via teleconference on Thursday,
for consumption on or after the of APO materials, or conversion to November 8, 2018, from 3:00–4:00 p.m.
publication date of the final results of judicial protective order, is hereby Eastern Time (12:00–1:00 p.m. Pacific
this administrative review, as provided requested. Failure to comply with the Time). The teleconference is open to
by section 751(a)(2)(C) of the Tariff Act regulations and the terms of an APO is members of the public.
of 1930, as amended (the Act): (1) The a sanctionable violation. DATES:
cash deposit rate for Ercros will be equal We are issuing and publishing these Nominations: Nominations must be
to the weighted-average dumping final results and this notice in received before or on December 1, 2018.
margin established in the final results of accordance with sections 751(a)(1) and Meeting: The Committee will convene
this review, except if the rate is de 777(i)(1) of the Act and 19 CFR a meeting via webinar on Thursday,
minimis within the meaning of 19 CFR 351.213(h). November 8, 2018, from 3:00–4:00 p.m.
351.106(c)(1), in which case the cash Dated: October 17, 2018. Eastern Time (12:00–1:00 p.m. Pacific
deposit rate will be zero; (2) for other Christian Marsh, Time). The teleconference is open to the
manufacturers and exporters covered in Deputy Assistant Secretary for Enforcement public, and documents will be available
a prior segment of the proceeding, the and Compliance. for public viewing at the web page
cash deposit rate will continue to be the noted below. Members of the public
company-specific rate published for the Appendix who wish to participate in the meeting
most recently completed segment of this List of Topics Discussed in the Issues and must register in advance by Friday,
proceeding in which that manufacturer Decision Memorandum November 2, 2018 (see below). These
or exporter participated; (3) if the I. Summary times and the agenda topics described
exporter is not a firm covered in this II. Scope of the Order below are subject to change. Refer to the
review, a prior review, or the original III. Discussion of the Issues following web page for dial in
less-than-fair-value (LTFV) Comment: Allegation of a Particular Market information and for the most up-to-date
investigation, but the manufacturer is, Situation (PMS)
meeting agenda: http://
IV. Recommendation
the cash deposit rate will be the rate marineprotectedareas.noaa.gov/fac/
established for the most recently [FR Doc. 2018–23221 Filed 10–23–18; 8:45 am] meetings/.
completed segment of this proceeding BILLING CODE 3510–DS–P
ADDRESSES:
for the manufacturer of subject Nominations: Nominations should be
merchandise; and (4) the cash deposit sent to Nicole Capps at West Coast
rate for all other manufacturers or DEPARTMENT OF COMMERCE
Region, Office of National Marine
exporters will continue to be 24.83 National Oceanic and Atmospheric Sanctuaries, 99 Pacific Street, Suite
percent, the all-others rate established Administration 100–F, Monterey, CA 93940, or
in the LTFV investigation.5 These Nicole.Capps@noaa.gov. Electronic
deposit requirements, when imposed, Marine Protected Areas Federal submissions are acceptable.
shall remain in effect until further Advisory Committee: Call for Meeting: The meeting will be held via
notice. Nominations and Public Meeting teleconference call. Register by
contacting Nicole Capps at
Notification to Importers AGENCY: National Marine Protected Nicole.Capps@noaa.gov or by telephone
This notice also serves as a final Areas Center (MPAC), Office of National at (831) 647–6451. Teleconference
reminder to importers of their Marine Sanctuaries (ONMS), National capacity may be limited.
responsibility under 19 CFR Ocean Service (NOS), National Oceanic
FOR FURTHER INFORMATION CONTACT:
351.402(f)(2) to file a certificate and Atmospheric Administration
(NOAA), Department of Commerce Dr. Charles Wahle, Designated Federal
regarding the reimbursement of Officer, MPA FAC, National Marine
antidumping duties prior to liquidation (DOC).
Protected Areas Center, 99 Pacific
of the relevant entries during this ACTION: Notice and call for nominations
Street, Suite 100–F, Monterey, CA
review period. Failure to comply with of new Marine Protected Areas Federal
93940, (Phone: 831–238–2244; Email:
this requirement could result Advisory Committee (MPA FAC)
Charles.Wahle@noaa.gov; or visit the
Commerce’s presumption that members, and notice of public meeting
National MPA Center website at http://
reimbursement of antidumping duties via teleconference.
www.marineprotectedareas.noaa.gov).
occurred which will result in the SUMMARY: The Department of Commerce SUPPLEMENTARY INFORMATION: Executive
subsequent assessment of double (Department) is seeking nominations for Order 13158 directs the Department of
antidumping duties. membership on the Marine Protected Commerce and the Department of the
Notification Regarding Administrative Areas Federal Advisory Committee Interior to seek the expert advice and
Protective Orders (Committee). The Committee advises the recommendations of non-federal
amozie on DSK3GDR082PROD with NOTICES1
Secretaries of Commerce and Interior on scientists (natural and social), resource
This notice is the only reminder to
implementing Section 4 of Executive managers, and other interested people
parties subject to the administrative
Order 13158, focusing mainly on and organizations through a Marine
protective order (APO) of their
strategies and priorities for the design, Protected Areas Federal Advisory
5 See Chlorinated Isocyanurates from Spain: monitoring and adaptive management of Committee (Committee). The Committee
Notice of Final Determination of Sales at Less Than effective MPAs in U.S. waters. was established in June 2003 and
Fair Value, 70 FR 24506 (May 10, 2005). Nominations are sought for 11 highly includes 20 members. The Committee
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Document Created: 2018-10-24 00:23:48
Document Modified: 2018-10-24 00:23:48
| 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 October 24, 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 53607 |
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