Notice2024-12739
Chlorinated Isocyanurates From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021
Primary source
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Published
June 11, 2024
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, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 89 Issue 113 (Tuesday, June 11, 2024)</title>
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[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49149-49150]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12739]
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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; 2021
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, 2021, through
December 31, 2021.
DATES: Applicable June 11, 2024.
FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau or Eliza DeLong, 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 or (202)
482-3878, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2023, Commerce published the preliminary results of
the 2021 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. We invited interested parties to comment on the Preliminary
Results.\2\ On March 27, 2024, we extended the deadline for these final
results until June 4, 2024, in accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the Act).\3\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\4\
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\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; 2021, 88 FR 85214 (December
7, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Preliminary Results, 88 FR at 85216.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated March 27, 2024.
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Chlorinated
Isocyanurates from the People's Republic of China; 2021,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See Chlorinated Isocyanurates from the People's Republic of
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014)
(Order).
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The products covered by the Order are chlorinated isos from China.
A full description of the scope of the Order is provided in the Issues
and Decision Memorandum.
Analysis of Comments Received
A list of the issues that parties raised, to which we responded in
the Issues and Decision Memorandum, is attached as an 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 arguments raised and a review of the record and all
supporting documentation, we made certain changes to the Preliminary
Results with respect to the subsidy rate calculation for the provision
of land-use rights for less than adequate remuneration for the chemical
industry program. 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 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.\6\ For a full description of the methodology underlying all
of Commerce's conclusions, including any determination that relied upon
the use of adverse facts available pursuant to sections 776(a) and (b)
of the Act, see the Issues and Decision Memorandum.
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\6\ 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.
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Company Not Selected for Individual Review
We made no changes to the methodology for determining the rate
assigned to Sincere Cooperation Material, the company not selected for
individual examination, from the Preliminary Results.\7\ However, we
revised this rate to reflect the changes to Heze Huayi's rate.\8\
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\7\ See Preliminary Results PDM at 5.
\8\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
notice.
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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,
2021, through December 31, 2021:
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Subsidy rate
Company (percent ad
valorem)
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Heze Huayi Chemical Co., Ltd............................ 3.12
Juancheng Kangtai Chemical Co., Ltd..................... 3.96
Review-Specific Average Rate Applicable to the Following Company
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Sincere Cooperation Material............................ 3.26
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[[Page 49150]]
Disclosure
Commerce will disclose to interested parties the calculations
performed for these final results within five days of 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).
Assessment
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 Requirements
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 this review, shall remain in effect until further
notice.
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 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 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
to the Program on the Provision of Land-Use Rights for Less Than
Adequate Remuneration for the Chemical Industry
Comment 2: Whether Commerce Should Include Land-Use Rights
Acquired Outside the AUL Period in its Benefit Calculation
IX. Recommendation
[FR Doc. 2024-12739 Filed 6-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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