Notice2023-28998
Chlorinated Isocyanurates From the People's Republic of China: Final 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
January 4, 2024
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, 2021, through May 31, 2022.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 3 (Thursday, January 4, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Pages 455-456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28998]
[[Page 455]]
=======================================================================
-----------------------------------------------------------------------
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; 2021-2022
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, 2021,
through May 31, 2022.
DATES: Applicable January 4, 2024.
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 July 7, 2023, Commerce published its Preliminary Results.\1\ For
events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of Antidumping Administrative Review;
2021-2022, 88 FR 43271 (July 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Chlorinated Isocynaurates from the People's Republic of
China; 2021-2022,'' 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, which are
derivatives of cyanuric acid, described as chlorinated s-triazine
triones. 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. 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
Based on our review of the record, and comments received from
interested parties regarding our Preliminary Results, we made two
changes to the Romanian surrogate values (SVs) for chlorine and
brokerage and handling charges.\3\
---------------------------------------------------------------------------
\3\ See Issues and Decision Memorandum for further discussion.
---------------------------------------------------------------------------
Separate Rate Eligibility
In the Preliminary Results, we found that Heze Huayi and Kangtai
demonstrated their eligibility for separate rates.\4\ As we received no
information or interested party arguments to the contrary since the
issuance of the Preliminary Results, we continue to find that Heze
Huayi and Kangtai are each eligible for a separate rate.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 88 FR 43272.
---------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\5\ 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) \6\ did not change.
---------------------------------------------------------------------------
\5\ 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).
\6\ 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).
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exists for Heze Huayi and Kangtai for the period of June 1,
2021, through May 31, 2022:
------------------------------------------------------------------------
Weight-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd................................ 50.27
Juancheng Kangtai Chemical Co., Ltd......................... 73.84
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with these final results of review. Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication of these final results. 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).\7\ 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.\8\
---------------------------------------------------------------------------
\7\ 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.
\8\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
[[Page 456]]
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.
Notification to Importers Regarding the Reimbursement of Duties
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 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 duties and/or countervailing duties has occurred and the
subsequent assessment of double antidumping duties, and/or 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 351.221(b)(5).
Dated: December 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Comparable Merchandise
Comment 2: Surrogate Country Selection
Comment 3: Whether Romanian SV Information was Timely Submitted
Comment 4: Whether the Romanian SV for Chlorine is Aberrant
VI. Recommendation
[FR Doc. 2023-28998 Filed 1-3-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on January 4, 2024.
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.