Notice2023-22407
Certain Corrosion Inhibitors From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 2020-2022
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
October 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that companies in the People's Republic of China (China) made sales of subject merchandise at less than normal value (NV) during the period of review (POR) September 10, 2020, through February 28, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 194 (Tuesday, October 10, 2023)</title>
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[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69905-69907]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22407]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
companies in the People's Republic of China (China) made sales of
subject merchandise at less than normal value (NV) during the period of
review (POR) September 10, 2020, through February 28, 2022.
DATES: Applicable October 10, 2023.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Dusten Hom, AD/CVD
Operations, Office I, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3477 and (202)
482-5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2023, Commerce published the preliminary results of
this review in the Federal Register and invited interested parties to
comment on those results.\1\ For a complete description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\ Commerce conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Certain Corrosion Inhibitors from the People's Republic
of China: Preliminary Results and Partial Rescission of the
Antidumping Duty Administrative Review; 2020-2022, 88 FR 20488
(April 6, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2022 Administrative Review of the
Antidumping Duty Order on Certain Corrosion Inhibitors from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Certain Corrosion Inhibitors from the People's Republic
of China: Antidumping Duty and Countervailing Duty Orders, 86 FR
14869 (March 19, 2021) (Order).
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The products covered by the Order are certain corrosion inhibitors
from China. A complete description of the scope of the Order is
contained in the Issues and Decision Memorandum.
[[Page 69906]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this administrative review are addressed in the Issues and Decision
Memorandum and are listed 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
Based on the comments received, we made no changes to the
Preliminary Results.\4\ For a more detailed discussion of the issues
raised by parties, see the Issues and Decision Memorandum.
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\4\ See Preliminary Results.
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Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of
a rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation,
for guidance when calculating the rate for respondents not individually
examined in an administrative review. Under section 735(c)(5)(A) of the
Act, the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted average dumping margins established
for exporters and producers individually investigated, excluding any
zero and de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .'' Accordingly, in the final
results of review, we are assigning to the non-selected separate rate
respondents an estimated weighted-average dumping margin based on the
average of Anhui Trust Chem Co., Ltd.'s, and its affiliates
(collectively Anhui), and Nantong Botao Chemical Co., Ltd's (Botao)
rates weighted by their publicly available ranged U.S. sales values.
Final Results of the Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period September 10, 2020, through
February 28, 2022:
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Weighted-average
Exporter dumping margin
(percent)
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Anhui Trust Chem Co., Ltd........................... 6.12
Nantong Botao Chemical Co., Ltd..................... 14.66
Review-Specific Average Rate Applicable to the
Following Companies:
Gold Chemical Limited........................... 9.95
Jiangyin Delian Chemical Co., Ltd............... 9.95
Kanghua Chemical Co., Ltd....................... 9.95
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Disclosure
Because we have not modified our analysis to the Preliminary
Results, we are adopting the Preliminary Results as the final results
of this review. Consequently, there are no new calculations to disclose
in accordance with 19 CFR 351.224(b) for the final results of review.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce intends to determine, and U.S. Customs and
Border Protections (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with the final
results of this review. Pursuant to 19 CFR 351.212(b)(1), for Anhui and
Botao, we calculated importer-specific ad valorem duty assessment rates
based on the ratio of the total amount of dumping calculated for each
importer's examined sales and the total entered value of the sales in
accordance with 19 CFR 351.212(b)(1). Where an importer-specific
assessment rate is de minimis (i.e., less than 0.5 percent), the
entries by that importer will be liquidated without regard to
antidumping duties.
For all non-selected separate rate applicants subject to this
review, we will instruct CBP to liquidate all entries of subject
merchandise that entered the United States during the POR at the
average of the rates calculated for Anhui and Botao as listed above.
For entries of subject merchandise during the POR produced by Anhui and
Botao for which they did not know their merchandise was destined for
the United States, we intend to instruct CBP to liquidate such entries
at the China-wide rate if there is no rate for the intermediate company
or companies involved in the transaction.
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
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
subject to this review will be the rate established in these final
results of the review; (2) for previously investigated or reviewed
Chinese and non-Chinese exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding in which they were reviewed; (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 equal to the weighted-
average dumping margin for the China-wide entity (i.e., 241.02
percent); and (4) for all non-Chinese exporters of subject merchandise
which have not received their own separate rate, the cash deposit rate
will be the rate applicable to the Chinese exporter(s) that supplied
that non-Chinese exporter.\5\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\5\ See Order, 86 FR at 14871.
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[[Page 69907]]
Notification to Importers
This notice serves as a final 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 POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties has
occurred and the subsequent assessment of double antidumping duties,
and/or an increase in the amount of antidumping duties by the amount of
countervailing duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (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 the
terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: October 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
IV. Change Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Incorrectly Valued Overhead
Materials as Direct Materials
Comment 2: Whether Commerce Should Use the Initial Factors of
Production (FOP) Database to Calculate Surrogate Values (SV)
Comment 3: Use of Financial Statements (FS) to Value Factory
Overhead, Selling, General, and Administrative Expenses, and Profit
Comment 4: Whether Commerce Should Continue to Assign Separate
Rate Status to Kanghua Chemical Co., Ltd. (Chuzhou Kanghua)
Comment 5: Whether Commerce Should Value Air Freight Based on
International Air Transport Association (IATA) or Malaysian
Investment Development Authority (MIDA) Data
Commerce 6: Whether Commerce Should Value Labor Rates Based on
Malaysian International Labor Organization (ILOSTAT) Data Instead of
European Union Statistics Service (EUROSTAT) Labor Data
Commerce 7: Whether Commerce Should Offset Botao's AD Margin by
the Double Remedy Pass Through Subsidies Calculated in the Companion
Countervailing Duty (CVD) Proceeding
Commerce 8: Whether Commerce's Application of the Cohen's d Test
to Botao's U.S. Sales Is Supported by Law
VI. Recommendation
[FR Doc. 2023-22407 Filed 10-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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