Notice2022-26459
Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Rescission of Review, in Part; 2020
Primary source
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Published
December 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of chlorinated isocyanurates (chlorinated isos) from the People's Republic of China (China) during the period of review (POR), January 1, 2020, through December 31, 2020. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 233 (Tuesday, December 6, 2022)</title>
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[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74600-74602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26459]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Preliminary Results of the Countervailing Duty Administrative Review
and Rescission of Review, in Part; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of chlorinated isocyanurates (chlorinated isos)
from the People's Republic of China (China) during the period of review
(POR), January 1, 2020, through December 31, 2020. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable December 6, 2022.
[[Page 74601]]
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2021, Commerce published a notice of initiation of
an administrative review of the countervailing duty order on
chlorinated isos from China.\1\ On July 13, 2022, Commerce extended the
time period for issuing these preliminary results by 120 days, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\2\ The revised deadline for these preliminary
results is now November 30, 2022.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 73734 (December 28, 2021).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review, 2020,'' dated
July 13, 2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included at 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="http://access.trade.gov">http://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 Countervailing Duty Administrative Review of
Chlorinated Isocyanurates from the People's Republic of China and
Rescission of Administrative Review, in Part; 2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order \4\
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\4\ See Chlorinated Isocyanurates from the People's Republic of
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014)
(Order).
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The products covered by the Order are chlorinated isos. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that Hebei Jiheng Chemical Co.,
Ltd. (Jiheng) had no entries of subject merchandise during the POR. On
March 3, 2022, we notified parties that we intended to rescind this
administrative review with respect to Jiheng.\5\ No parties commented
on the notification of intent to rescind the review, in part. We are,
therefore, rescinding the administrative review of Jiheng. For
additional information regarding this determination, see the
Preliminary Decision Memorandum.
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\5\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated March 3, 2022.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\6\
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of China
did not act to the best of its ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\7\
For further information, see the Preliminary Decision Memorandum at
``Use of Facts Otherwise Available and Adverse Inferences.''
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\7\ See sections 776(a) and (b) of the Act.
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Preliminary Results of Review
For the period January 1, 2020, through December 31, 2020, we
preliminarily find that the following net subsidy rates exist:
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Subsidy rate (percent ad
Company valorem)
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Heze Huayi Chemical Co., Ltd.......... 3.04
Juancheng Kangtai Chemical Co., Ltd... 1.22
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Verification
Commerce received a timely request from Bio-Lab, Inc., Clearon
Corp., and Occidental Chemical Corporation (collectively, the
petitioners) to verify the information submitted in this administrative
review.\8\ As provided in section 782(i)(3) of the Act, Commerce
intends to verify the information submitted by the mandatory
respondents in advance of the final results of this review.
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\8\ See Petitioners' Letter, ``Request for Verification,'' dated
March 30, 2022.
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Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries in accordance with the
final results of this review. If the assessment rate calculated in the
final results is zero or de minimis, we will instruct CBP to liquidate
all appropriate entries without regard to countervailing duties. For
the company for which this review is rescinded, we will instruct CBP to
assess countervailing duties on all appropriate entries at a rate equal
to the cash deposit of estimated countervailing duties required at the
time of entry, or withdrawal from warehouse, for consumption, during
the period January 1, 2020, through December 31, 2020, in accordance
with 19 CFR 351.212(c)(l)(i).
For the companies remaining in the review, Commerce intends to
issue assessment instructions 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).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts indicated above, except, where the rate
calculated in the final results is zero or de minimis, no cash deposit
will be required on shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposit instructions, when imposed, shall remain in effect until
further notice.
[[Page 74602]]
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\9\ Case briefs or
other written comments may be submitted to the Assistant Secretary for
Enforcement and Compliance. A timeline for the submission of case and
rebuttal briefs will be provided to interested parties at a later date.
Parties who submit case or rebuttal briefs in this proceeding are
encouraged to submit with each argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\10\ Case and rebuttal briefs should be filed using ACCESS
\11\ and must be served on interested parties.\12\ 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.\13\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See generally 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
\13\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically using ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\14\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of the issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
and rebuttal briefs.\15\ 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 time of the hearing two days before
the scheduled date. Parties are reminded that all briefs and hearing
requests must be filed electronically using ACCESS and received
successfully in their entirety by 5:00 p.m. Eastern Time on the due
date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213.
Dated: November 29, 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. Rescission of Administrative Review, in Part
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2022-26459 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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