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Spain  chlorinated isocyanurates   Chlorinated Isocyanurates from Spain



Case Number:  A-469-814 

Anniversary Month: June

Current Rates:

Aragonesas Industrias y Energia S.A. - 28.04%
All Others - 28.04%


Scope:

The products covered by this order are chlorinated isocyanurates. Chlorinated isocyanurates are derivatives of cyanuric acid, described as chlorinated striazine triones. There are three primary chemical compositions of chlorinated isocyanurates: (1) trichloroisocyanuric acid (Cl3(NCO)3); (2) sodium dichloroisocyanurate (dihydrate) (NaCl2(NCO)3 2H2O); and (3) sodium dichloroisocyanurate (anhydrous) (NaCl2(NCO)3). Chlorinated isocyanurates are available in powder, granular, and tableted forms. The order covers all chlorinated isocyanurates.

Chlorinated isocyanurates are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, and 2933.69.6050 of the Harmonized Tariff Schedule of the United States (HTSUS). The tariff classification 2933.69.6015 covers sodium dichloroisocyanurates (anhydrous and dihydrate forms) and trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and 2933.69.6050 represent basket categories that include chlorinated isoscyanurates and other compounds including an unfused triazine ring. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.
  DOC Determinations
Investigation: Initiation | Prelim | Final | Order
Review 04-06: Initiation | Prelim | Final | I&D
Review 06-07: Initiation | Prelim | Final | I&D
New Shipper 2007:  Initiation | Rescission
Review 07-08: Initiation | Prelim | Final | I&D
Review 08-09: Initiation
| Recission
 
Review Affecting Aragonesas Industrias y Energia's  June 1, 2007 - May 31, 2009 Entries Rescinded Upon Requests by Aragonesas and US Producers, Clearon Corp. and Occidental Chemical Corp. -- Liquidation and Future Cash Deposits To Remain At 28.04%

On November 23, the U.S. Department of Commerce rescinded the administrative review of chlorinated Isocyanurates from Spain upon receiving withdrawals of requests for review accompanied by requests for rescission of the review by Aragonesas, Clearon, and Occidental.  Rescission of this review, which affects June 1, 2008, to May 31, 2009 entries of Aragonesas's chlorinated isocyanurates, means that importers must pay the nearly 700% increase in antidumping duties calculated in the final results of the review affecting June 1, 2006, to May 31, 2007 entries (see below). 

Importers should be aware that the U.S. Customs & Border Protection will issue you a bill for the increase import duty liability.  If you did not participate in the 07-08 administrative review, you will not be able to challenge any aspect of the calculation of the antidumping duty rate.  You may challenge any error made by the U.S. Customs and Border Protection when it liquidates the entries.

Keep track of the calendar!  If the U.S. Customs and Border Protection does not liquidate the entries within six months, by law, it must liquidate them as entered.  That means that if the entries are not liquidated within six months, then, by law, you will not be liable for the nearly 700% increase in US import duty liability.


Aragonesas Industrias y Energia S.A. antidumping duty rate nearly 7-fold increase from 4.07% to 28.04% in Antidumping Duty Administrative Review Affecting June 1, 2007 - May 31, 2008 entries.


On October 1, 2009, the U.S. Department of Commerce published  its Final Results of its antidumping duty administrative review of chlorinated isocyanurates produced by Aragonesas Industrias y Energia S.A.  This review affects entries made June 1, 2007 - May 31, 2008.

The Department of Commerce calculated Aragonesas dumping rate at 28.04%.  This represents a significant increase over the rate affecting June 1, 2006 - May 31, 2007 entries, which was 4.07%.  Importers are statutorily liable for increased import duties, including antidumping and countervialing duties. 

Entries of chlorinated isocyanurates from Spain going forward must be accompanied by a cash deposit equal to the antidumping duty rate calculated in this administrative review -- that is 28.04% of the entered value of merchandise from Aragonesas Industrias y Energia S.A., or 24.83% of the entered value of marchandise from any other Spanish producer of chlorinated isocyanurates.

Importers should be aware that the U.S. Customs & Border Protection will issue you a bill for the increase import duty liability.  If you did not participate in the 07-08 administrative review, you will not be able to challenge any aspect of the calculation of the antidumping duty rate.  You may challenge any error made by the U.S. Customs and Border Protection when it liquidates the entries.

Keep track of the calendar!  If the U.S. Customs and Border Protection does not liquidate the entries within six months, by law, it must liquidate them as entered.

                                                                                                          

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