Notice2022-14790
Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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 12, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that chlorinated isocyanurates (chlorinated isos) from the People's Republic of China (China) were sold in the United States at less than normal value during the period of review (POR) June 1, 2020, through May 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 132 (Tuesday, July 12, 2022)</title>
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[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Pages 41286-41288]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14790]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that chlorinated isocyanurates (chlorinated isos) from the
People's Republic of China (China) were sold in the United States at
less than normal value during the period of review (POR) June 1, 2020,
through May 31, 2021. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable July 12, 2022.
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 August 3, 2021, Commerce initiated the administrative review of
the antidumping duty (AD) order on chlorinated isos from China covering
the period June 1, 2020, through May 31, 2021.\1\ This review covers
two producers/exporters; Heze Huayi Chemical Co., Ltd. (Heze Huayi) and
Juancheng Kangtai Chemical Co., Ltd. (Kangtai). On February 24, 2022,
Commerce extended the deadline for the preliminary results of this
administrative review by 120 days, until June 30, 2022.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 41821 (August 3, 2021).
\2\ See Memorandum, ``Chlorinated Isocyanurates from the
People's Republic of China: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
24, 2022.
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For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\3\
The
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Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021Antidumping Duty Administrative Review:
Chlorinated Isocyanurates from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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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.\4\ 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.
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\4\ For a complete description of the Scope of the Order, see
Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). Export prices have been calculated in accordance with section 772
of the Act. Because China is a non-market economy within the meaning of
section 771(18) of the Act, normal value has been calculated in
accordance with section 773(c) of the Act. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum. A list of the topics included in the Preliminary
Decision Memorandum is included as an appendix to this notice.
Preliminary Results of Review
Commerce preliminarily determines that Heze Huayi and Kangtai have
established their eligibility for a separate rate and that the
following weighted-average dumping margins exist for the period June 1,
2020, through May 31, 2021:
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Weight-
average
Exporter dumping
margin
(percent)
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Heze Huayi Chemical Co. Ltd................................. 27.34
Juancheng Kangtai Chemical Co. Ltd.......................... 43.79
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Assessment Rates
Upon issuance of the final results of the administrative review,
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review.\5\ Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after 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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\5\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer-specific assessment rates for antidumping duties, in
accordance with 19 CFR 351.212(b)(1).\6\ Where the respondent reported
reliable entered values, Commerce intends to calculate importer-
specific ad valorem assessment rates by aggregating the amount of
dumping calculated for all U.S. sales to the importer and dividing this
amount by the total entered value of the merchandise sold to the
importer.\7\ Where the respondent did not report entered values,
Commerce will calculate importer-specific assessment rates by dividing
the amount of dumping for reviewed sales to the importer by the total
quantity of those sales. Commerce will calculate an estimated ad
valorem importer-specific assessment rate to determine whether the per-
unit assessment rate is de minimis; however, Commerce will use the per-
unit assessment rate where entered values were not reported.\8\ Where
an importer-specific ad valorem assessment rate is not zero or de
minimis, Commerce will instruct CBP to collect the appropriate duties
at the time of liquidation. Where either the respondent's weighted
average dumping margin is zero or de minimis, or an importer-specific
ad valorem assessment rate is zero or de minimis, Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\9\ For entries that were not reported in the U.S.
sales database submitted by an exporter individually examined during
this review, but that entered under the case number of that exporter
(i.e., at the individually-examined exporter's cash deposit rate),
Commerce will instruct CBP to liquidate such entries at the China-wide
rate.\10\
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\6\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\7\ See 19 CFR 351.212(b)(1).
\8\ Id.
\9\ See Final Modification, 77 FR at 8103.
\10\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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 all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) for the exporters
listed above that have a separate rate, the cash deposit rate will be
equal to the weighted-average dumping margin established in the final
results of this review (except, if the rate is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), then a cash deposit rate of
zero will be established for that company); (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that are currently eligible for a separate rate, the cash deposit
rate will continue to be equal to the exporter-specific weighted-
average dumping margin published for the most recently completed
segment of this proceeding; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the cash deposit rate established for the
China-wide entity, 285.63 percent; and (4) for all exporters of subject
merchandise that are not located in China and that are not eligible for
a separate rate, the cash deposit rate will be the rate applicable to
the Chinese exporter(s) that supplied that non-Chinese exporter. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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Disclosure and Public Comment
Commerce intends to disclose the calculations for these preliminary
results within five days of the date of publication of this notice, in
accordance with 19 CFR 351.224(b). Interested parties may submit case
briefs within 30 days after the date of publication of these
preliminary results of review.\11\ Rebuttal briefs, which must be
limited to issues raised in the case briefs, may be filed not later
than seven days after the date for filing case briefs.\12\ Parties who
submit case or rebuttal briefs in this proceeding are requested to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\13\ Case and
rebuttal briefs should be filed using ACCESS \14\ and must be served on
interested parties.\15\ Executive summaries should be limited to five
pages total, including footnotes. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\16\
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\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\14\ See generally 19 CFR 351.303.
\15\ See 19 CFR 351.303(f).
\16\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS. An electronically-filed
document must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30
days after the date of publication of this notice. Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs.
Final Results of the Review
Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case briefs, not later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1), unless otherwise extended.
Notification to Importers
This notice also serves as a 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 in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
Dated: June 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiation.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Adjustments under Section 777A(f) of the Act
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-14790 Filed 7-11-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 12, 2022.
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