Notice2024-07070
Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2022-2023
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
April 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers and/or exporters made sales of certain corrosion inhibitors (corrosion inhibitors) at less than normal value during the period of review (POR) March 1, 2022, through February 28, 2023. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 89 Issue 65 (Wednesday, April 3, 2024)</title>
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[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22994-22997]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07070]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review;
2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers and/or exporters made sales of
certain corrosion inhibitors (corrosion inhibitors) at less than normal
value during the period of review (POR) March 1, 2022, through February
28, 2023. Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable April 3, 2024.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla and Dusten Hom, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, 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 March 19, 2021, Commerce published in the Federal Register the
antidumping duty (AD) order on certain corrosion inhibitors from the
People's Republic of China (China).\1\ On March 2, 2023, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On May 9, 2023, based on timely
requests for an administrative review, Commerce initiated the
administrative review of the Order.\3\ The administrative review covers
21 companies, including two mandatory respondents, Anhui Trust Chem
Co., Ltd., and Nantong Botao Chemical Co., Ltd.\4\
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\1\ See Certain Corrosion Inhibitors from the People's Republic
of China: Antidumping Duty Order, 86 FR 14869 (March 19, 2021)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 88 FR 13091 (March 2, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29881 (May 9, 2023) (Initiation
Notice).
\4\ See Memoranda, ``Respondent Selection,'' dated June 22,
2023.
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On October 30, 2023, Commerce extended the deadline for these
preliminary results to March 28, 2024.\5\ For a complete description of
the events that occurred since the initiation of this review, see the
Preliminary Decision Memorandum.\6\ 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>. A list of topics discussed in the Preliminary
Decision
[[Page 22995]]
Memorandum is included in appendix I to this notice. In addition, a
complete version of the Preliminary Decision Memorandum can be found at
<a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated October 30, 2023.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2022-2023 Antidumping Duty Administrative Review of
Certain Corrosion Inhibitors 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 this Order are certain corrosion inhibitors
from China. A full description of the scope of the Order is contained
in the Preliminary Decision Memorandum.\7\
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\7\ Id.
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Separate Rates
Commerce preliminarily determines that three companies, not
individually examined, are eligible for separate rates in this
administrative review.\8\
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\8\ See Appendix II; see also Preliminary Decision Memorandum at
the ``Separate Rate Determination'' section for more details.
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The Tariff Act of 1930, as amended (the Act) and Commerce's
regulations do not address the establishment of a separate rate to be
applied to companies not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777AI(2) of the Act. Generally, Commerce looks 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 separate-rate respondents which Commerce did not examine
individually in an administrative review. Section 735(c)(5)(A) of the
Act states that the all-others rate should be calculated by averaging
the weighted-average dumping margins calculated for individually-
examined respondents, excluding dumping margins that are zero, de
minimis, or based entirely on facts available. For the preliminary
results of this review, Commerce determined the estimated dumping
margins for Anhui Trust Chem Co., Ltd., and affiliates, and Nantong
Botao Chemical Co., Ltd to be 11.58, and 8.27 percent, respectively.
For the reasons explained in the Preliminary Decision Memorandum, we
are assigning the 10.49 percent rate to the three non-examined
respondents, Gold Chemical Limited (Gold Chemical); Jiangyin Delian
Chemical Co., Ltd. (Delian); Kanghua Chemical Co., Ltd. (Chuzhou
Kanghua), which qualify for a separate rate in this review, consistent
with Commerce's practice and section 735(c)(5)(A) of the Act.
China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\9\ 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 in
this review, the entity is not under review, and the entity's
assessment rate (i.e., 241.02 percent) is not subject to change.\10\
For the reasons explained in the Preliminary Decision Memorandum,
Commerce considers all other companies for which a review was requested
(none of which filed a separate rate application), listed in Appendix
II to this notice, to be part of the China-wide entity.\11\
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\9\ 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).
\10\ See Order.
\11\ See Appendix II for the list of companies that are subject
to this administrative review that are considered to be part of the
China-wide entity.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the administrative review
covering the period March 1, 2022, through February 28, 2023:
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Weighted-
average
Exporter dumping
margin
(percent)
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Anhui Trust Chem Co., Ltd.; Jiangsu Trust Chem Co., Ltd.; 11.58
Nanjing Trust Chem Co., Ltd................................
Nantong Botao Chemical Co., Ltd............................. 8.27
Gold Chemical Limited....................................... 10.49
Jiangyin Delian Chemical Co., Ltd........................... 10.49
Kanghua Chemical Co., Ltd................................... 10.49
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after publication of this notice.\12\ Pursuant to 19 CFR
351.309(c), interested parties may submit case briefs no later than 30
days after the date of publication of this notice. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\13\ Pursuant to
19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised
in the case briefs.\14\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding are must submit: (1) table of
contents listing each issue; and (2) a table of authorities.\15\
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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\15\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide, at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\16\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, no including citations. We intend
to use the executive summaries as the basis of the comment summaries
included in the issues and decision memorandum that will accompany the
final results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the publication of this notice. Requests should contain the
party's name, address, telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce will
announce the date and time of the hearing.
[[Page 22996]]
Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\18\ If the preliminary
results are unchanged for the final results, we will instruct CBP to
apply an ad valorem assessment rate of 241.02 percent to all entries of
subject merchandise during the POR which were exported by the companies
considered to be a part of the China-wide entity listed in Appendix II
of this notice.
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\18\ See 19 CFR 351.212(b)(1).
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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/customer-specific assessment rates.\19\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer/customer and dividing this amount by the total entered value
of the merchandise sold to the importer/customer.\20\ Where the
respondent did not report entered values, Commerce will calculate
importer/customer-specific assessment rates by dividing the amount of
dumping for reviewed sales to the importer/customer by the total
quantity of those sales. Commerce will calculate an estimated ad
valorem importer/customer-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.\21\ Where an importer/customer-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/customer-specific ad valorem assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\22\
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\19\ 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).
\20\ See 19 CFR 351.212(b)(1).
\21\ Id.
\22\ See Final Modification, 77 FR at 8103.
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For the respondents that were not selected for individual
examination in this administrative review, but which qualified for a
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s) selected for
individual examination, as appropriate, in the final results of this
review.\23\
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\23\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying Issues and Decision
Memorandum at 10-11, unchanged in Drawn Stainless Steel Sinks from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
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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 upon
publication of the final results of this 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 subject merchandise
exported by the company listed above that has a separate rate, the cash
deposit rate will be equal to the weighted-average dumping margin
established in the final results of this administrative review (except,
if the rate is zero or de minimis, then zero cash deposit will be
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (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 that for the
China-wide entity; and (4) for all non-Chinese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary 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 these PORs. 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
Commerce is issuing and publishing these preliminary results of
this review in accordance with sections 751(a)(1)(B), 751(a)(3) and
777(i) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4).
Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussions of the Methodology
VI. Adjustment Under Section 777A(f) of the Act
VII. Currency Conversion
VIII. Recommendation
Appendix II
Companies Considered To Be Part of the China-Wide Entity
1. Alfa Aesar China Chemical Co. Ltd.
2. Focus Chemical B.V.
3. Haruno Sangyo Kaisha Ltd.
4. Johoku Chemical Co., Ltd.
5. KD Finechem Co., Ltd.
6. New Essential Corp.
7. Sagar Speciality Chemicals Pvt., Ltd.
8. Shanghai Sunwise Chemicals Pvt., Ltd.
9. Sinochem Pharmaceutical Co., Ltd.
10. Tianjin Jinbin International Trade
11. TotalEnergies Lubrifiants
12. Vcare Medicines
13. Wuxi Base International Trade Co., Ltd.
14. Xiamen Amity Industry & Trade Co., Ltd.
15. Yasho Industries Pvt. Ltd.
[[Page 22997]]
16. Zaozhuang Kerui Chemicals Co., Ltd
[FR Doc. 2024-07070 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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