Notice2024-14833
Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of 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
July 9, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that chlorinated isocyanurates (chlorinated isos) from the People's Republic of China (China) were sold in the United States at less than normal value (NV) during the period of review (POR), June 1, 2022, through May 31, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 131 (Tuesday, July 9, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56303-56305]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14833]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Preliminary Results of 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 chlorinated isocyanurates (chlorinated isos) from the
People's Republic of China (China) were sold in the United States at
less than normal value (NV) during the
[[Page 56304]]
period of review (POR), June 1, 2022, through May 31, 2023. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable July 9, 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 August 3, 2023, Commerce initiated this administrative review of
the antidumping duty (AD) order on chlorinated isos from China covering
the POR.\1\ This review covers two producers/exporters: Heze Huayi
Chemical Co., Ltd. (Heze Huayi); and Juancheng Kangtai Chemical Co.,
Ltd. (Kangtai). On February 9, 2024, Commerce extended the deadline for
the preliminary results of this administrative review by 119 days,
until June 28, 2024.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023).
\2\ See Memorandum, ``Chlorinated Isocyanurates from the
People's Republic of China: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
9, 2024.
---------------------------------------------------------------------------
For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the appendix to this notice. 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>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Chlorinated Isocyanurates from the People's Republic
of China,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary 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. Chlorinated isos are currently classifiable under subheadings
2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and
3808.94.5000 of the Harmonized Tariff Schedule of the United States.
For a complete description of the scope of the order, see the
Preliminary Decision Memorandum.
The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\4\ 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, the entity is not
under review, and the entity's rate (i.e., 285.63 percent) is not
subject to change.\5\
---------------------------------------------------------------------------
\4\ 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).
\5\ 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).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). Export prices have been calculated in accordance with section 772
of the Act. Because China is a non-market economy within the meaning of
section 771(18) of the Act, NV has been calculated in accordance with
section 773(c) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that Heze Huayi and Kangtai have
established their eligibility for a separate rate, and that the
following weighted-average dumping margins exist for the period of June
1, 2022, through May 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co. Ltd................................ 9.05
Juancheng Kangtai Chemical Co. Ltd......................... 11.76
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice, or, if there is
no public announcement, within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce 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.\6\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\7\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(d).
\7\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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.\8\ Further, we
request that interested parties limit their public executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\9\
---------------------------------------------------------------------------
\8\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\9\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Enforcement and Compliance's Antidumping and CVD Centralized Electronic
Service System (ACCESS). Requests should contain: (1) the party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs. An
electronically filed hearing request must be received successfully in
[[Page 56305]]
its entirety by Commerce's electronic records system, ACCESS, by 5:00
p.m. Eastern Time within 30 days after the date of publication of this
notice.
Final Results of Review
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of issues raised in the case and rebuttal briefs, within 120 days of
the date of publication of this notice in the Federal Register.\10\
---------------------------------------------------------------------------
\10\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
---------------------------------------------------------------------------
Assessment Rates
Upon issuing the final results of this review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\11\ Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after 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).
---------------------------------------------------------------------------
\11\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
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-specific assessment rates for antidumping duties, in
accordance with 19 CFR 351.212(b)(1).\12\ Where the respondent reported
reliable entered values, Commerce intends to calculate importer-
specific ad valorem assessment rates by aggregating the amount of
dumping calculated for all U.S. sales to the importer and dividing this
amount by the total entered value of the merchandise sold to the
importer.\13\ Where the respondent did not report entered values,
Commerce will calculate importer-specific assessment rates by dividing
the amount of dumping for reviewed sales to the importer by the total
quantity of those sales. Commerce will calculate an estimated ad
valorem importer-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.\14\ Where
an importer-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-specific
ad valorem assessment rate is zero or de minimis, Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\15\ For entries that were not reported in the U.S.
sales database submitted by an exporter individually examined during
this review, but that entered under the case number of that exporter
(i.e., at the individually-examined exporter's cash deposit rate),
Commerce will instruct CBP to liquidate such entries at the China-wide
rate.\16\
---------------------------------------------------------------------------
\12\ 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).
\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ See Final Modification, 77 FR at 8103.
\16\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) for the exporters
listed above that have a separate rate, the cash deposit rate will be
equal to the weighted-average dumping margin established in the final
results of this review (except, if the rate is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), then a cash deposit rate of
zero will be established for that company); (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that are currently eligible for a separate rate, the cash deposit
rate will continue to be equal to the exporter-specific weighted-
average dumping margin published for the most recently completed
segment of this proceeding; (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 the cash deposit rate established for the
China-wide entity (i.e., 285.63 percent); and (4) for all exporters of
subject merchandise that are not located in China and that are not
eligible for a separate rate, the cash deposit rate will be the rate
applicable to the Chinese exporter(s) that supplied the non-Chinese
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
Notification to Importers
This notice also serves as a 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 review period.
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
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
Dated: June 28, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Adjustments Under Section 777A(f) of the Act
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-14833 Filed 7-8-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 9, 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.