Notice2022-25501
Certain Corrosion Inhibitors From the People's Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances 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
November 23, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In response to a request for a changed circumstances review (CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR of the antidumping duty (AD) order on certain corrosion resistant inhibitors (corrosion inhibitors) from the People's Republic of China (China). Additionally, Commerce preliminarily determines that Kanghua Chemical Co., Ltd. (Chuzhou Kanghua) is the successor-in-interest to Nantong Kanghua Chemical Co., Ltd. (Nantong Kanghua). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
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[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71577-71579]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25501]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China:
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR
of the antidumping duty (AD) order on certain corrosion resistant
inhibitors (corrosion inhibitors) from the People's Republic of China
(China). Additionally, Commerce preliminarily determines that Kanghua
Chemical Co., Ltd. (Chuzhou Kanghua) is the successor-in-interest to
Nantong Kanghua Chemical Co., Ltd. (Nantong Kanghua). Interested
parties are invited to comment on these preliminary results.
DATES: Applicable November 23, 2022.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3477.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2019, Commerce published the AD order on corrosion
inhibitors from China in the Federal Register.\1\ On August 30, 2022,
Chuzhou Kanghua requested that Commerce initiate a changed
circumstances review of the Order to determine that it is the
successor-in-interest to Nantong Kanghua.\2\ We did not receive
comments from interested parties concerning this request. On September
8, 2022, Commerce requested additional information from Chuzhou Kanghua
to determine whether to initiate the requested CCR.\3\
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\1\ See Certain Corrosion Inhibitors from the People's Republic
of China, and Antidumping Duty Orders, 86 FR 14869 (March 19, 2021)
(Order).
\2\ See Chuzhou Kanghua's Letter, ``Certain Corrosion Inhibitors
from the People's Republic of China, A-570-122; Changed
Circumstances Review (Kanghua),'' dated August 30, 2022 (CCR
Request). We note that the actual request contained a typographical
error referencing a different proceeding and case number. We
clarified with counsel that the correct case name is ``Certain
Corrosion Inhibitors from the People's Republic of China, A-570-
122.'' See Memorandum, ``Antidumping Administrative Review of
Certain Corrosion Inhibitors from the People's Republic of China:
Communication with Counsel Concerning its Request for a Changed
Circumstance Review,'' dated September 29, 2022.
\3\ See Chuzhou Kanghua's Letter ``Certain Corrosion Inhibitors
from the People's Republic of China, A-570-122; Changed
Circumstances Review (Kanghua); Response to Supplemental
Questionnaire,'' dated September 15, 2022. We note that the response
to the supplemental questionnaire contains typographical errors that
reference another proceeding and case number. However, counsel
clarified that the correct case is ``Certain Corrosion Inhibitors
from the People's Republic of China, A-570-122.'' See Memorandum,
``Antidumping Administrative Review of Certain Corrosion Inhibitors
from the People's Republic of China: Communication with Counsel
Concerning its Request for a Changed Circumstance Review,'' dated
September 29, 2022.
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On October 7, 2022, we extended the deadline to initiate the
CCR.\4\
[[Page 71578]]
Additionally, on October 7, 2022, we sent Chuzhou Kanghua a
supplemental questionnaire.\5\ On October 11, 2022, Chuzhou Kanghua
submitted its response to our supplemental questionnaire.\6\ Commerce
received no comments from interested parties on Chuzhou Kanghua's CCR
Request or its supplemental questionnaire responses.
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\4\ See Commerce's Letter, ``Request for a Changed Circumstances
Review of the Antidumping Duty Order on Certain Corrosion Inhibitors
from the People's Republic of China: Extension of Initiation
Deadline,'' dated October 7, 2022.
\5\ See Commerce's Letter, ``Request for a Changed Circumstances
Review of the Antidumping Duty Order on Certain Corrosion Inhibitors
from the People's Republic of China: Second Supplemental
Questionnaire,'' dated October 7, 2022.
\6\ See Chuzhou Kanghua's Letter, ``Certain Corrosion Inhibitors
from the People's Republic of China, A-570-122; Changed
Circumstances Review (Kanghua); Response to Supplemental
Questionnaire,'' dated October 11, 2022 (Chuzhou Kanghua's 2nd
Supplemental Response).
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Scope of the Order
The merchandise covered by the Order is corrosion inhibitors from
China. For a full description of the merchandise covered by the scope
of Order, see the Preliminary Decision Memorandum.\7\
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\7\ See Memorandum, ``Certain Corrosion Inhibitors from the
People's Republic of China: Initiation and Preliminary Results of
the Changed Circumstances Review,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Initiation of Changed Circumstances Reviews
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, Commerce will conduct a CCR of an order
upon receipt of information or a review request from an interested
party for a review of an order which shows changed circumstances
sufficient to warrant a review of the order.\8\
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\8\ See 19 CFR 351.216(c).
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Under 19 CFR 351.216(c), Commerce will not review a final
determination of an investigation less than 24 months after the date of
publication of notice of the final determination unless it finds that
good cause exists. However, 19 CFR 351.216(d) provides that if Commerce
determines that good cause exists and the changed circumstances are
sufficient to warrant a review, it will conduct a CCR, in accordance
with 19 CFR 351.221.
Based on the record information, Commerce has determined that,
pursuant to 19 CFR 351.216(c), good cause exists to conduct a CCR.
Chuzhou Kanghua requested a CCR because of a change in name of the
company and address not contemplated during the original
investigation.\9\ In addition, Chuzhou Kanghua explained and provided
information to support its claim that there are no significant changes
made to the production facility, management, customer/supplier
relationship or any other aspect of operation.\10\ Chuzhou Kanghua
further explains that absent such a review, it would have difficulties
in making entry of goods into the United States under the rate properly
assigned to it.\11\
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\9\ See Chuzhou Kanghua's 2nd Supplemental Response at 1.
\10\ Id.
\11\ Id. at 2.
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The information submitted by Chuzhou Kanghua demonstrates that its
request is based solely on a change in the Chinese name of the company
from ``Nantong Kanghua Chemical Co., Ltd'' to ``Kanghua Chemical Co.,
Ltd,'' which was approved on February 17, 2022.\12\
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\12\ See CCR Request at Exhibit 1.
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As such, based of the reasons outlined above, and the information
provided on the record by Chuzhou Kanghua, we find good cause exists
for initiating a CCR to determine whether Chuzhou Kanghua is the
successor-in-interest to Nantong Kanghua, in accordance with 19 CFR
351.216(c) and (d). Therefore, in accordance with section 751(b)(1) of
the Act and 19 CFR 351.216, we are initiating a CCR to determine
whether Chuzhou Kanghua is the successor-in-interest to Nantong Kanghua
for purposes of the Order.
Preliminary Results
Commerce is permitted by 19 CFR 351.221(c)(3)(ii) to combine the
notice of initiation of a CCR and the preliminary results if Commerce
concludes that expedited action is warranted. In this instance, because
the record contains information necessary to make a preliminary
finding, we find that expedited action is warranted and have combined
the notice of initiation and the preliminary results.
Accordingly, pursuant to section 751(b) of the Act, we have
conducted a successor-in-interest analysis in response to Chuzhou
Kanghua's request. For a complete discussion of the information that
Chuzhou Kanghua provided, and the complete successor-in-interest
analysis, see the Preliminary Decision Memorandum.\13\ A list of topics
discussed in the Preliminary Decision Memorandum is included as the
appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically 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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\13\ See Preliminary Decision Memorandum.
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Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by Chuzhou Kanghua the AD cash
deposit rate applicable to Nantong Kanghua. Commerce will issue its
final results of the review in accordance with the time limits set
forth in 19 CFR 351.216(e).
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the case briefs, in
accordance with 19 CFR 351.309(d). Parties who submit case or rebuttal
briefs are encouraged to submit with each argument: (1) a statement of
the issue; (2) a brief summary of the arguments; and (3) a table of
authorities.\14\ All comments must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.\15\ Note that Commerce has temporarily modified certain of
its requirements for service documents containing business proprietary
information, until further notice.\16\
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\14\ See 19 CFR 351.309(c)(2).
\15\ See 19 CFR 351.303(b).
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request via ACCESS within 30
days of publication of this notice. Hearing requests should contain the
following information: (1) the party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and the time of the hearing
two days before the scheduled date.
Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR no later than 270 days after the date on which this review
was initiated, or within 45 days if all parties agree to our
preliminary finding.
[[Page 71579]]
Notification to Interested Parties
This initiation and preliminary results notice is published in
accordance with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR
351.216(b), 351.221(b), and 351.221(c)(3).
Dated: November 16, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation of the Changed Circumstances Review
V. Preliminary Results of Changed Circumstances Review
VI. Successor-in-Interest Determination
VII. Recommendation
[FR Doc. 2022-25501 Filed 11-22-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 23, 2022.
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