Notice2023-12329
Chlorinated Isocyanurates From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020
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
June 9, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to the producers and exporters subject to the administrative review 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37854-37855]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12329]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Final Results of Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to the producers and
exporters subject to the administrative review 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.
DATES: Applicable June 9, 2023.
FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau, 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) 482-2021.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2022, Commerce published the preliminary results of
the 2020 administrative review of the countervailing duty order on
chlorinated isos from China.\1\ This review covers two companies, Heze
Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai Chemical
Co., Ltd. (Kangtai).\2\ We invited interested parties to comment on the
Preliminary Results.\3\ On February 10, 2023, we received a case brief
from Bio-Lab, Inc., Clearon Corp., and Occidental Chemical Corporation
(collectively, the petitioners).\4\ On February 16, 2023, we received a
timely combined rebuttal brief from Heze Huayi and Kangtai.\5\ For a
complete description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of the Countervailing Duty Administrative
Review and Rescission of Review in Part; 2020, 87 FR 74600 (December
6, 2022) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ In the Preliminary Results, we rescinded the review with
respect to an additional company, Hebei Jiheng Chemicals Co., Ltd.
However, we incorrectly identified the company as ``Hebei Jiheng
Chemical Co., Ltd.,'' instead of Hebei Jiheng Chemicals Co., Ltd.
See Preliminary Results, 87 FR at 74601. We are correcting this
error for these final results. The correct company name was
published in the Order. See Chlorinated Isocyanurates from the
People's Republic of China: Countervailing Duty Order, 79 FR 67424
(November 13, 2014) (Order).
\3\ See Preliminary Results, 87 FR at 74602.
\4\ See Petitioners' Letter, ``Case Brief of Bio-Lab, Inc,
Clearon Corp., and Occidental Chemical Corporation,'' dated February
10, 2023.
\5\ See Heze Huayi and Kangtai's Letter, ``Respondents Rebuttal
Brief,'' dated February 16, 2023.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Chlorinated Isocyanurates from the People's Republic of China;
2020,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are chlorinated isos from China.
A full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. 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>.
Changes Since the Preliminary Results
Commerce evaluated the comments in the case and rebuttal brief and
record evidence and made no changes from the Preliminary Results. For a
discussion of the comments, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each subsidy program found to be countervailable, Commerce finds
that there is a subsidy, i.e., a financial contribution from a
government or public entity that gives rise to a benefit to the
recipient, and that the subsidy is specific.\7\ For a full description
of the methodology underlying all of Commerce's conclusions, including
any
[[Page 37855]]
determination that relied upon the use of adverse facts available
pursuant to section 776(a) and (b) of the Act, see the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\7\ 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.
---------------------------------------------------------------------------
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), Commerce calculated the
following net countervailable subsidy rates for the period January 1,
2020, through December 31, 2020:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd............................ 3.04
Juancheng Kangtai Chemical Co., Ltd..................... 1.22
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final results in
the Federal Register, in accordance with 19 CFR 351.224(b). However,
because there are no changes from the Preliminary Results, there are no
calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review, for the above-listed companies at the applicable ad
valorem assessment rates listed. We intend to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these final results of review. 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 Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above 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 administrative review. For all non-reviewed firms
subject to the Order, 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 requirements, effective upon publication of the
final results of review, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing the final results of review in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: June 2, 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
IV. Subsidies Valuation Information
V. Benchmarks
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether Commerce Should Find Kangtai Used the
Financial Incentives for Environmental Industrial Upgrading
(Environmental Upgrading)--Grant and Loan Programs Based on Adverse
Facts Available (AFA)
Comment 2: Whether Commerce Applied the Proper AFA Rate to the
Export Buyer's Credit Program (EBCP)
IX. Recommendation
[FR Doc. 2023-12329 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 9, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.