AD: China and Spain Chlorinated Isocyanurates

AD Liability. As a result, entries of subject merchandise from China and Spain will be liable for the assessment of AD duties for unliquidated entries with a time of entry on or after December 16, 2005 (China) or December 20, 2004 (Spain)* except for entries during certain "gap periods" and before the AD duty preliminary determination, as follows:

(1) "Gap period" for China (06/14/05 - 06/21/05) & Spain (06/18/05 - 06/21/05). The ITA states the six-month periods beginning on the dates the preliminary determinations were published in the Federal Register ended on June 13, 2005 (China) and June 17, 2005 (Spain). As a result, the ITA will instruct U.S. Customs and Border Protection (CBP) to terminate suspension of liquidation and to liquidate, without regard to AD duties, unliquidated entries of subject merchandise with a time of entry on or after June 14, 2005 and before June 22, 2005 (China) and on or after June 18, 2005 and before June 22, 2005 (Spain). Suspension of liquidation resumes on or after June 22, 2005.

(2) Negative critical circumstances determination for China. As the ITC has made a final determination that critical circumstances do not exist with respect to imports of subject merchandise from the China entity, including Shanghai Tian Yuan International Trading Co. Ltd. (Tian Yuan), the ITA states that it will instruct CBP to lift suspension of liquidation, release any bond or other security, and refund any cash deposit made, to secure the payment of AD duties with respect to entries of subject merchandise with a time of entry on or after September 17, 2004 but before December 16, 2004.

AD Cash Deposit Only, Effective 06/22/05. According to the ITA, effective June 22, 2005, CBP officers will require, at the same time as importers would normally deposit estimated duties on this merchandise, an AD cash deposit at the rates (weighted-average margins) listed below:

* the dates of the ITA's preliminary affirmative AD duty determinations for China and Spain, respectively.

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.

The ITA has previously explained that in the final determination 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. (See ITT's Online Archives or 05/11/05 news, 05051135, for BP summary.)

Notes on the Scope of the Orders.Arch's chlorinated isocyanurates tablet subject to orders. According to ITA sources and emphasized in the ITA notice, Arch Chemicals, Inc.'s (Arch's) patented, formulated, chlorinated isocyanurates tablet, a blended product, is subject to the scope of the orders for both China and Spain.

Footnote previously appearing in scope deleted. With respect to the scope of the orders for both China and Spain, a footnote appearing in the scope for the final AD duty determinations has been deleted. The footnote noted that effective January 1, 2005, chlorinated isocyanurates are also classifiable under HTS 2933.69.6015 and 2933.69.6021 in addition to HTS 2933.69.6050. All three of these HTS numbers are listed in the scope of the orders for China and Spain.

ITA Contacts - Alex Villanueva (China) (202) 482-3208

Thomas Martin (Spain) (202) 482-3936

ITA China Notice (FR Pub 06/24/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-3299.pdf

ITA Spain Notice (FR Pub 06/24/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-3300.pdf

ITC Final Injury Determinations (Inv. Nos. 731-TA-1082-1083, FR Pub 06/22/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-12251.pdf