Notice2023-00352
Chlorinated Isocyanurates From the People's Republic of China: Final 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
January 11, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Heze Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai Chemical Co., Ltd. (Kangtai) sold chlorinated isocyanurates (chlorinated isos) from the People's Republic of China (China) at less than normal value during the period of review (POR) June 1, 2020, through May 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 7 (Wednesday, January 11, 2023)</title>
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[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Notices]
[Pages 1559-1561]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00352]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Final 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) determines that
Heze Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai
Chemical Co., Ltd. (Kangtai) sold chlorinated isocyanurates
(chlorinated isos) from the People's Republic of China (China) at less
than normal value during the period of review (POR) June 1, 2020,
through May 31, 2021.
DATES: Applicable January 11, 2023.
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
The petitioners in this proceeding 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. On July 12, 2022, Commerce published its Preliminary
Results.\1\ For events subsequent to the Preliminary Results, see the
Issues and Decision Memorandum.\2\ On October 12, 2022,\3\ in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended the deadline for issuing these
final results until January 3, 2023.
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\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of Antidumping Administrative Review;
2020-2021, 87 FR 41286 (July 12, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review:
Chlorinated Isocyanurates from the People's Republic China; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated October 12, 2022.
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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 the
Issues and Decision Memorandum.\4\
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\4\ See Preliminary Results PDM at 2-3.
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Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in the appendix to this
notice. The Issues and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Separate Rate Respondents
In the Preliminary Results, we found that Heze Huayi and Kangtai
demonstrated their eligibility for a separate rate.\5\ We received no
arguments since the issuance of the Preliminary Results that provide a
basis for reconsideration of these determinations. Therefore, for the
final results, we continue to find that Heze
[[Page 1560]]
Huayi and Kangtai are each eligible for a separate rate. Consistent
with our assessment practice in non-market economy (NME) administrative
reviews, Commerce will issue appropriate instructions to U.S. Customs
and Border Protection (CBP) based on these final results.\6\
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\5\ See Preliminary Results, 87 FR at 41286-87.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Assessment); see also the ``Assessment Rates'' section, infra.
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China-Wide Entity
Pursuant to Commerce's assessment practice, if Commerce determines
that an exporter had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the China-wide entity
rate.\7\ Commerce's policy regarding the conditional review of the
China-wide entity applies to this administrative review.\8\ Under this
policy, the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. 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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\7\ See NME Assessment. 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).
\8\ 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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Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for Heze Huayi and Kangtai for the period June 1, 2020,
through May 31, 2021:
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Weighted-
average
Exporter dumping
margin
(percent)
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Heze Huayi Chemical Co., Ltd................................ 60.73
Juancheng Kangtai Chemical Co., Ltd......................... 83.27
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries covered by this 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).
For the individually-examined respondent in this review which has a
final weighted-average dumping margin that is not zero or de minimis
(i.e., less than 0.5 percent), we will calculate importer- (or
customer-) specific per-unit duty assessment rates based on the ratio
of the total amount of dumping calculated for the importer's (or
customer's) examined sales to the total sales quantity associated with
those sales, in accordance with 19 CFR 351.212(b)(1).\9\ We will also
calculate (estimated) ad valorem importer-specific assessment rates
with which to determine whether the per-unit assessment rates are de
minimis. Where either a respondent's weighted-average dumping margin is
zero or de minimis, or an importer- (or customer-) specific assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\10\
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\9\ See Certain Activated Carbon from the People's Republic of
China: Final Results and Partial Rescission of Second Antidumping
Duty Administrative Review, 75 FR 70208, 70211 (November 17, 2010),
and accompanying Issues and Decision Memorandum at Comment 3.
\10\ See 19 CFR 351.106(c)(2).
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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 the exporters
listed above, the cash deposit rate will be the rate established in the
final results of this review (except, if the rate is zero or de
minimis, a zero cash deposit rate will be required for that company);
(2) for previously investigated or reviewed China and non-China
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 China 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-China exporters of subject
merchandise that have not received their own rate, the cash deposit
rate will be the rate applicable to the China exporter(s) that supplied
that non-China exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Notification to Importers
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 and/or countervailing 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 and/or countervailing duties has occurred
and that subsequent assessment of doubled antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an 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 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) of the Act, and
19 CFR 351.213(h)(2).
Dated: January 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
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IV. Discussion of the Issues
Comment 1: Adjusting Mexican Surrogate Values (SV) to a Cost,
Insurance, and Freight (CIF) Basis
Comment 2: Commerce Use of Alternative Labor Data
Comment 3: Excluding Mexican SVs for Imports Originating from
Mexico
Comment 4: Clerical Errors in the Preliminary Results
A. Conversions Used for Natural Gas and Steam
B. Calculation of Domestic Inland Freight for Reported U.S.
Sales
C. Marine Insurance Expenses Reported by Heze Huayi
V. Recommendation
[FR Doc. 2023-00352 Filed 1-10-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 11, 2023.
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