AD: China and Spain Chlorinated Isocyanurates
The International Trade Administration (ITA) has made final affirmative antidumping (AD) duty determinations that chlorinated isocyanurates from China and Spain are being, or are likely to be, sold in the U.S. at less than fair value.
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Critical circumstances continue to be found for China entity and Tian Yuan. The ITA continues to find that critical circumstances exist for the China entity and Shanghai Tian Yuan International Trading Co., Ltd. (Tian Yuan), which refused to participate in the ITA's critical circumstances verification proceeding.
As a result, the ITA will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of subject merchandise from the China entity and Tian Yuan that have a time of entry on or after 90 days before December 16, 2004 (the Federal Register publication date of the preliminary determination).
AD bond/cash deposit instructions. As a result of its final determinations, the ITA will instruct CBP to continue to require a cash deposit or posting of a bond at the revised AD rates listed below for entries of subject merchandise with a time of entry on or after May 10, 2005:
| Liquidation Suspended | Post Bond/Cash Deposit |
|---|---|
| Company | Antidumping (AD) Rate |
| China | |
| Hebei Jiheng Chemical Co., Ltd. | 75.78% (from 86.79%) |
| Nanning Chemical Industry Co., Ltd. | 285.63% (from 179.48%) |
| Four Section A Respondents | 137.69% (from 111.03%) |
| China Entity (including Tian Yuan) | 285.63% (from 179.48%) |
| Spain | |
| Aragonesas Delsa S.A. | 24.83% (from 12.13%) |
| All others | 24.83%(from 12.13%) |
The final determination states that Tian Yuan unilaterally withdrew from the investigation and as a result, does not qualify for a separate rate, is no longer a Section A respondent, and is subject to the China-wide AD rate which is based on adverse facts.
However, an earlier CBP administrative message on the preliminary critical circumstances determination, and ITA sources, state that Tian Yuan became subject to the China-wide AD rate at the time of the preliminary critical circumstances determination. Prior to this, Tian Yuan had received the preliminary, and then the amended preliminary, AD rate for Section A respondents. (Note that the ITA's Federal Register notice on the preliminary critical circumstances determination did not indicate that Tian Yuan's AD rate would change to the China-wide AD rate.
The Four Section A respondents receiving a separate AD duty rate are Changzhou Clean Chemical Co., Ltd.; Liaocheng Huaao Chemical Industry Co., Ltd.; Sinochem Hebei Import & Export Corporation; and Sinochem Shanghai Import & Export Corporation.
Additional Tariff Numbers Added to Scope of Investigation for China & Spain
With respect to the scope of investigation for subject merchandise from China and Spain, the ITA explains that additional tariff numbers are being added as a result of changes to the HTS that became effective on January 1, 2005. With respect to China, a third tariff number (HTS 2933.69.6050) is added. For Spain, two additional tariff numbers (HTS 2933.69.6015 and 2933.69.6021) are added. As a result of these changes the scopes for China and Spain contain the same list of HTS numbers (i.e., HTS 2933.69.6015, 2933.69.6021, and 2933.69.6050).
As a result, for both countries, the scope of the investigation has been amended to state:
"The tariff classification 2933.69.6015 covers sodium dichloroisocyanurates (anhydrous and dehydrate forms) and trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and 2933.69.6050 represent basket categories that include chlorinated isocyanurates and other compounds including an unfused triazine ring."
(With respect to the scope of the investigation for Spain, the ITA has also changed all references to "chlorinated isos" to read "chlorinated isocyanurates" and certain spelling and grammatical errors have been corrected.)
(See ITA's China notice for more information, including the scope of the investigation, scope comments, use of facts available, etc.
See ITA's Spain notice for more information, including the scope of the investigation, scope comments, etc.)
(See ITT's Online Archives or 02/25/05 news, 05022535, for BP summary of the amended preliminary determination for subject merchandise from China. See ITT's Online Archives or 04/22/05 news, 05042245, for BP summary of the preliminary partial affirmative critical circumstances determination for subject merchandise from China with respect to the China entity (including Tian Yuan).
See ITT's Online Archives or 12/21/04 news, 04122150, for BP summary of the preliminary affirmative antidumping duty determination for subject merchandise from Spain.)
ITA Contacts - Cindy Lai Robinson (China) (202) 482-3797
Thomas Martin (Spain) (202) 482-3936
ITA China Notice (FR Pub 05/10/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-2235.pdf
ITA Spain Notice (FR Pub 05/10/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-2236.pdf
CBP administrative message on preliminary critical circumstances determination for China (Adm: 05-0414, dated 04/14/05) available at
http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2005/2005-0414.ADM.