Notice2021-14639
Chlorinated Isocyanurates From the People's Republic of China: Final Determination of No Shipments; 2019-2020 Administrative Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 9, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) finds that Heze Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai Chemical Co., Ltd. (Kangtai) did not have any shipments of subject merchandise during the period of review (POR) June 1, 2019, through May 31, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 129 (Friday, July 9, 2021)</title>
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[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36253-36255]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14639]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Final Determination of No Shipments; 2019-2020 Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that Heze Huayi
Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai Chemical Co.,
Ltd. (Kangtai) did not have any shipments of subject merchandise during
the period of review (POR) June 1, 2019, through May 31, 2020.
DATES: Applicable July 9, 2021.
FOR FURTHER INFORMATION CONTACT: Sean Carey, 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) 482-3964.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2021, Commerce published its Preliminary Results of the
administrative review of the antidumping duty order on chlorinated
isocyanurates (chlorinated isos) from China covering the period June 1,
2019,
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through May 31, 2020.\1\ The petitioners in this investigation are Bio-
lab, Inc., Clearon Corp., and Occidental Chemical Corp. (collectively,
the petitioners). The mandatory respondents in this administrative
review are Heze Huayi and Kangtai. No case or rebuttal briefs for this
review were submitted by the parties.
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\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Determination of No Shipments; 2019-2020, 86 FR
13291 (March 8, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
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On September 8, 2020, Heze Huayi and Kangtai both certified that
their respective companies had no entries of subject merchandise during
the POR.\2\ On November 17, 2020, our review of U.S. Customs and Border
Protection (CBP) data indicated that Heze Huayi and Kangtai had no
entries of subject merchandise originating from China, that were
subject to antidumping duties during the POR.\3\ On May 19, 2021,
Commerce issued a no shipment inquiry to CBP with respect to Heze Huayi
and Kangtai.\4\ On May 24, 2021, CBP responded that it has no record of
any subject entries for this inquiry.\5\
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\2\ See Heze Huayi's Letter, ``Chlorinated Isocyanurates from
the People's Republic of China: No Sales Certification,'' dated
September 8, 2020; see also Kangtai's Letter, ``Chlorinated
Isocyanurates from the People's Republic of China: No Sales
Certification,'' dated September 8, 2020.
\3\ See Memorandum, ``U.S. Customs and Border Protection (CBP)
Data for Heze Huayi Chemical Co., Ltd. and Juancheng Kangtai
Chemical Co., Ltd.,'' dated November 17, 2020.
\4\ CBP message 1139404, dated May 19, 2021.
\5\ See Memorandum, ``Chlorinated Isocyanurates from the
People's Republic of China; No Shipment Inquiry for Heze Huayi
Chemical Co., Ltd. and Juancheng Kangtai Chemical Co., Ltd. during
the period 06/01/2019 through 05/31/2020,'' dated May 25, 2021.
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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. For a full description of the scope of the order, see
Preliminary Decision Memorandum.\6\
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\6\ See Preliminary Results PDM at 2.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213.
Final Determination of No Shipments
In the Preliminary Results, we found that Heze Huayi and Kangtai
had no entries of subject merchandise during the POR.\7\ No parties
commented on, nor did we receive information that contradicts this
preliminary determination. Therefore, for the final results, we
continue to find that Heze Huayi and Kangtai had no reviewable entries
during the POR. Consistent with our assessment practice in non-market
economy administrative reviews, Commerce did not rescind this review
for Heze Huayi and Kangtai but completed the review and will issue
appropriate instructions to CBP based on these final results.\8\
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\7\ See Preliminary Results, 86 FR 13291-13292.
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also the ``Assessment Rates' '' section, below.
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China-Wide Entity
Pursuant to Commerce's policy, the China-wide entity will not be
under review unless a party specifically requests, or Commerce self-
initiates, a review of the entity.\9\ Because no party requested a
review of the China-wide entity, we did not review the entity in this
segment of the proceeding. Thus, the China-wide entity's rate (i.e.,
285.63 percent) did not change.
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\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Assessment Rates
Pursuant to Commerce's assessment practice, if Commerce determines
that an exporter had no shipments of the subject merchandise, we intend
to issue liquidation instructions for any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) and to liquidate at the China-wide entity rate.\10\
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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011). For an
explanation on the derivation of the China-wide rate, see Notice of
Final Determination of Sales at Less Than Fair Value: Chlorinated
Isocyanurates from the People's Republic of China, 70 FR 24502,
24505 (May 10, 2005).
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Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Consistent with its recent notice,\11\
Commerce intends to issue appropriate assessment instructions directly
to CBP no earlier than 35 days after the date of publication of the
final results of this review in the Federal Register. If a timely
summons is filed at the U.S. Court of International Trade, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
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\11\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For Heze Huayi and
Kangtai, the cash deposit rate will continue to be the existing
producer/exporter-specific rate published for the most recent period;
(2) for previously investigated or reviewed Chinese and non-Chinese
exporters not listed above that have separate rates, the cash deposit
rate will continue to be the existing producer/exporter-specific rate
published for the most recent period; (3) for all Chinese exporters of
subject merchandise that have not been found to be eligible for a
separate rate, the cash deposit rate will be the China-wide rate of
285.63 percent; and (4) for all non-Chinese exporters of subject
merchandise that have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter(s) that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and that subsequent assessment of
doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under 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
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judicial protective order, is hereby requested. Failure to comply with
the regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.213(h).
Dated: July 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-14639 Filed 7-8-21; 8:45 am]
BILLING CODE 3510-DS-P
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