Notice2024-13594
Certain Corrosion Inhibitors From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 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
June 21, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers and exporters of certain corrosion inhibitors from the People's Republic of China (China) received countervailable subsidies during the period of review (POR) January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 120 (Friday, June 21, 2024)</title>
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[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Notices]
[Pages 52024-52026]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13594]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-123]
Certain Corrosion Inhibitors From the People's Republic of China:
Final Results of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers and exporters of certain corrosion inhibitors from
the People's Republic of China (China) received countervailable
subsidies during the period of review (POR) January 1, 2022, through
December 31, 2022.
DATES: Applicable June 21, 2024.
FOR FURTHER INFORMATION CONTACT: Ted Pearson, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202)-482-2631.
Background
On April 3, 2024, Commerce published in the Federal Register the
preliminary results of the 2022 administrative review of the
countervailing duty order on corrosion inhibitors from China and
invited comments from interested parties.\1\ For
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a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\2\
Commerce conducted this review in accordance with section 751(a)(1)(A)
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 of Countervailing Duty Administrative
Review and Rescission of Review, in Part, 2022, 89 FR 23001 (April
3, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Countervailing Duty Order on
Certain Corrosion Inhibitors from the People's Republic of China;
2022,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order
The products covered by the order are corrosion inhibitors from
China. For a full description of the scope of the order, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum.
The topics discussed and the issues raised by parties to which we
responded in the Issues and Decision Memorandum 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 Duties 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 comments received from interested parties, we made certain
changes to the calculations for Anhui Trust Chem Co., Ltd. (ATC) and
Nantong Botao Chemical Co., Ltd. (Botao) for the benchmark for ocean
freight. For a discussion of these changes, 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 of the subsidy programs found
to be countervailable, we determine that there is a subsidy, i.e., a
government-provided financial contribution that gives rise to a benefit
to the recipient, and that the subsidy is specific.\3\ For a full
description of the methodology underlying 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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\3\ 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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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to calculate the all-others rate
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely on the basis of facts available.
There are three companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. In this review,
the rates for ATC and Botao were above de minimis and not based
entirely on facts available. Therefore, we are applying to the non-
selected companies the average of the net subsidy rates calculated for
ATC and Botao, which we calculated using the publicly-ranged sales data
submitted by ATC and Botao.\4\
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\4\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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Final Results of Review
We find the following net countervailable subsidy rates exist for
the period January 1, 2022, through December 31, 2022:
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Subsidy rate
Company (percent ad
valorem)
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Anhui Trust Chem Co., Ltd.\5\........................... 19.09
Nantong Botao Chemical Co., Ltd.\6\..................... 16.63
Gold Chemical Limited................................... 18.40
Jiangyin Delian Chemical Co., Ltd....................... 18.40
Kanghua Chemical Co., Ltd.\7\........................... 18.40
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Disclosure
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\5\ As discussed in the Preliminary Results PDM, Commerce finds
the following companies to be cross-owned with ATC: Nanjing Trust
Chem Co., Ltd.; and Jiangsu Trust Chem Co., Ltd.
\6\ As discussed in the Preliminary Results PDM, Commerce finds
the following companies to be cross-owned with Botao: Rugao Connect
Chemical Co., Ltd.; Rugao Jinling Chemical Co., Ltd.; and Nantong
Yutu Group Co., Ltd.
\7\ Formerly known as Nantong Kanghua Chemical Co., Ltd. See
Certain Corrosion Inhibitors from the People's Republic of China:
Notice of Final Results of Antidumping Duty Changed Circumstances
Review, 88 FR 1357 (January 10, 2023).
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We intend to disclose the calculations and analysis performed for
these final results of review within five days of any public
announcement or, if there is no public announcement, within five days
after the date of publication of this notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Assessment
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after 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
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above for 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, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the all-others rate or the most
recent
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company-specific rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, 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 disposition 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 violation
subject to sanction.
Notification to Interested Parties
The final results are 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: June 12, 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. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of the Issue
Comment: Whether Commerce Should Modify the Benchmark for Ocean
Freight
IX. Recommendation
[FR Doc. 2024-13594 Filed 6-20-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 21, 2024.
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