Notice2024-29324
Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Partial Rescission; 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
December 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies are being provided to producers and exporters of chlorinated isocyanurates (chlorinated isos) from the People's Republic of China (China) during the period of review (POR), January 1, 2022, through December 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100974-100975]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29324]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Preliminary Results of the Countervailing Duty Administrative Review
and Partial Rescission; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies are being provided to producers and
exporters of chlorinated isocyanurates (chlorinated isos) from the
People's Republic of China (China) during the period of review (POR),
January 1, 2022, through December 31, 2022. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Sun Cho, 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) 482-6458.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2014, Commerce published the countervailing duty
order on chlorinated isos from China in the Federal Register.\1\ On
December 29, 2023, Commerce published a notice of initiation of an
administrative review of the Order.\2\ On July 2, 2024, Commerce
extended the time period for issuing these preliminary results by 120
days, until November 29, 2024, in accordance with section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (the Act).\3\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative review by
seven days.\4\ The deadline for these preliminary results is now
December 6, 2024.
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\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated July
2, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an 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>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of
Chlorinated Isocyanurates from the People's Republic of China;
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are chlorinated isos from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that: (1) Hebei Fuhui Water
Treatment Co., Ltd.; (2) Henan Sinowin Chemical Industry Co., Ltd.; (3)
Linhai Limin Chemicals Co., Ltd.; (4) Puyang Cleanway Chemicals Ltd.;
(5) Qingdao Fortune Logistics Co., Ltd.; (6) Shandong Dongyue Chemical
Co., Ltd.; (7) Shandong Taihe Chemicals Co., Ltd.; (8) Shanghai Special
Logistics Co., Ltd.; (9) Shanghai Tianxiang Logistics Co., Ltd.; and
(10) Topdan Industries Co., Limited had no entries of subject
merchandise during the POR. On February 14, 2024, we notified parties
that we intended to rescind this administrative review with respect to
these companies.\6\ No parties commented on the notification of intent
to rescind the review, in part. We are, therefore, rescinding the
administrative review of these companies. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
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\6\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated February 14, 2024; and Memorandum, ``Correction to
Intent to Rescind Memorandum,'' dated November 4, 2024 (Correction
to Intent to Rescind Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\7\
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\7\ 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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Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of China
did not act to the best of its ability to respond to Commerce's
requests for information, we drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\8\
For further information, see the Preliminary Decision Memorandum at the
section titled, ``Use of Facts Otherwise Available and Adverse
Inferences.''
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\8\ See sections 776(a) and (b) of the Act.
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[[Page 100975]]
Preliminary Results of Review
For the period January 1, 2022, through December 31, 2022, we
preliminarily find that the following net subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Heze Huayi Chemical Co., Ltd............................ 4.53
Juancheng Kangtai Chemical Co., Ltd..................... 3.58
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Disclosure
We will disclose to parties to this proceeding the calculations
performed for these preliminary results within five days of the date of
publication of these preliminary results in accordance with 19 CFR
351.224(b).
Public Comment
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.\9\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; and (2) a table of authorities.\10\ 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 briefs 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.\11\ 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).\12\
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\9\ 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 Final Service Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Final Service Rule.
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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, U.S. Department of Commerce
within 30 days after the date of publication of this notice. Requests
should contain the party's name, address, and telephone number, the
number of participants, whether any participant is a foreign national,
and a list of the issues to be discussed. Issues raised in the hearing
will be limited to those raised in the respective case and rebuttal
briefs.\13\ Parties should confirm the date and time of the hearing two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\13\ See 19 CFR 351.310.
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Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries in accordance with the
final results of this review. If the assessment rate calculated in the
final results is zero or de minimis, we will instruct CBP to liquidate
all appropriate entries without regard to countervailing duties.
For the companies for which this review is rescinded, we will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2022, through December 31,
2022, in accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the preliminary results
of this review in the Federal Register for those companies for which
Commerce is rescinding the review and no earlier than 35 days after the
date of publication of the final results of this review in the Federal
Register for the mandatory respondents. 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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the 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, except where the rate calculated in the
final results of this administrative review is zero or de minimis, no
cash deposit will be required. For all non-reviewed firms, including
companies for which we rescinded the review, 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 instructions, when imposed,
shall remain in effect until further notice.
Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy 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. Rescission of Administrative Review, in Part
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2024-29324 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 13, 2024.
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