Notice2023-14432
Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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 7, 2023
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, 2021, through May 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
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[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43271-43273]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14432]
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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; 2021-
2022
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, 2021,
through May 31, 2022. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable July 7, 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
On August 9, 2022, Commerce initiated the administrative review of
the AD order on chlorinated isocyanurates (chlorinated isos) from China
covering the period June 1, 2021, through May 31, 2022.\1\ This review
covers two producers/exporters: Heze Huayi Chemical Co., Ltd. (Heze
Huayi); and Juancheng Kangtai Chemical Co., Ltd. (Kangtai). On February
17, 2023, Commerce extended the deadline for the preliminary results of
this administrative review by 120 days, until June 30, 2023.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9, 2022).
\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
17, 2023.
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For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\3\
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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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on 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. Chlorinated isos are currently
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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. For a complete description of the
scope of the order, see the Preliminary Decision Memorandum.
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.
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 of June
1, 2021, through May 31, 2022:
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Weighted-
average
Exporter dumping
margin
(percent)
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Heze Huayi Chemical Co. Ltd................................. 57.74
Juancheng Kangtai Chemical Co. Ltd.......................... 82.83
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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.\4\ Rebuttals to case 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.\5\ Parties who
submit case briefs or rebuttal briefs in this proceeding are requested
to submit with each with each argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.\6\
Case and rebuttal briefs should be filed using ACCESS \7\ and must be
served on interested parties.\8\ 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.\9\
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\4\ See 19 CFR 351.309(c)(1)(ii).
\5\ 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).
\6\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\7\ See generally 19 CFR 351.303.
\8\ See 19 CFR 351.303(f).
\9\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing 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
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.
Unless we extend the deadline for the final results of this review,
we intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in their briefs, within 120 days of the date of publication of this
notice in the Federal Register.\10\
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\10\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
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Assessment Rates
Upon issuing the final results of this review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\11\ 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). 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).\12\ 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.\13\ 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.\14\
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.\15\ 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.\16\
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\11\ See 19 CFR 351.212(b)(1).
\12\ 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).
\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ See Final Modification, 77 FR at 8103.
\16\ 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
[[Page 43273]]
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.
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 and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing 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, 2023.
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. Discussion of the Methodology
V. Adjustments Under Section 777A(f) of the Act
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-14432 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 7, 2023.
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