Notice2024-23694
Certain Corrosion Inhibitors From the People's Republic of China: Final 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
October 15, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that companies in the People's Republic of China (China) made sales of subject merchandise at less than normal value (NV) during the period of review (POR) March 1, 2022, through February 28, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 199 (Tuesday, October 15, 2024)</title>
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[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Notices]
[Pages 82975-82977]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23694]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China:
Final 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) determines that
companies in the People's Republic of China (China) made sales of
subject merchandise at less than normal value (NV) during the period of
review (POR) March 1, 2022, through February 28, 2023.
DATES: Applicable October 15, 2024.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Dusten Hom, AD/CVD
Operations, Office I, 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 April 3, 2024, Commerce published the Preliminary Results of
this review in the Federal Register and invited interested parties to
comment on those results.\1\ For a complete description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\ Commerce conducted this administrative review
in accordance with section 751 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 the Antidumping Duty Administrative
Review; 2022-2023, 89 FR 20488 (April 3, 2024) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022-2023 Administrative Review of the
Antidumping Duty Order on Certain Corrosion Inhibitors from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Certain Corrosion Inhibitors from the People's Republic
of China: Antidumping Duty and Countervailing Duty Orders, 86 FR
14869 (March 19, 2021) (Order).
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The products covered by the Order are certain corrosion inhibitors
from China. A complete description of the scope of the Order is
contained in the Issues and Decision Memorandum.
China-Wide Entity
As stated in the Preliminary Results, because no party requested a
review of the China-wide entity in this review, the China-wide entity
is not under review and the China-wide entity's rate, i.e., 241.02
percent, is not subject to change.\4\
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\4\ See Preliminary Results, 89 FR at 22995.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this administrative review are addressed in the Issues and Decision
Memorandum and 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 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 the comments received, we made no changes to the
Preliminary
[[Page 82976]]
Results.\5\ For a more detailed discussion of the issues raised by
parties, see the Issues and Decision Memorandum.
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\5\ See Preliminary Results.
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Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of
a rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, we look 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 respondents not individually
examined in an administrative review. Under section 735(c)(5)(A) of the
Act, the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted average dumping margins established
for exporters and producers individually investigated, excluding any
zero and de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .'' Accordingly, in the final
results of review, we are assigning to the non-selected separate rate
respondents an estimated weighted-average dumping margin based on the
average of Anhui Trust Chem Co., Ltd.'s, and its affiliates
(collectively Anhui), and Nantong Botao Chemical Co., Ltd.'s (Botao)
rates weighted by their publicly available ranged U.S. sales values.
Final Results of the Review
Commerce determines that the following estimated weighted-average
dumping margins exist for 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., 11.58
Ltd.; Nanjing Trust Chem Co., Ltd..................
Nantong Botao Chemical Co., Ltd..................... 8.27
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Review-Specific Average Rate Applicable to the Following Companies
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Gold Chemical Limited............................... 10.49
Jiangyin Delian Chemical Co., Ltd................... 10.49
Kanghua Chemical Co., Ltd........................... 10.49
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Disclosure
Because we have not modified our analysis to the Preliminary
Results, we are adopting the Preliminary Results as the final results
of this review. Consequently, there are no new calculations to disclose
in accordance with 19 CFR 351.224(b) for the final results of review.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protections (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Pursuant to 19 CFR 351.212(b)(1), for Anhui and Botao, we
calculated importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of the sales in accordance
with 19 CFR 351.212(b)(1). Where an importer-specific assessment rate
is de minimis (i.e., less than 0.5 percent), the entries by that
importer will be liquidated without regard to antidumping duties.
For all non-selected separate rate applicants subject to this
review, we will instruct CBP to liquidate all entries of subject
merchandise that entered the United States during the POR at the
average of the rates calculated for Anhui and Botao as listed above.
For entries of subject merchandise during the POR produced by Anhui and
Botao for which they did not know their merchandise was destined for
the United States, we intend to instruct CBP to liquidate such entries
at the China-wide rate if there is no rate for the intermediate company
or companies involved in the transaction.
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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
subject to this review will be the rate established in these final
results of the review; (2) for previously investigated or reviewed
Chinese and non-Chinese exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding in which they were reviewed; (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 equal to the weighted-
average dumping margin for the China-wide entity (i.e., 241.02
percent); and (4) for all non-Chinese exporters of subject merchandise
which have not received their own separate rate, the cash deposit rate
will be the rate applicable to the Chinese exporter(s) that supplied
that non-Chinese exporter.\6\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\6\ See Order, 86 FR at 14871.
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Notification to Importers
This notice serves as a final 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 POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties has
occurred and the subsequent assessment of double antidumping duties,
and/or an increase in the amount of antidumping duties by the amount of
countervailing duties.
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Administrative Protective Order (APO)
This notice also serves as a final 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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is 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: October 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. Change Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Revise the Preliminary
Results To Select Romania as the Primary Surrogate Country
Comment 2: Whether Commerce Should Use the Labor Wages From the
Turkish International Labor Organization (ILOSTAT) To Value Labor
Comment 3: Whether Commerce's Application of the Cohen's d Test
to Botao's U.S. Sales Is Supported by Law
Comment 4: Whether Commerce Should Offset Botao's Calculated AD
Margin by the Double Remedy Pass Through Subsidies Calculated in the
Companion Countervailing Duty (CVD) Proceeding
VI. Recommendation
[FR Doc. 2024-23694 Filed 10-11-24; 8:45 am]
BILLING CODE 3510-DS-P
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