Notice2024-31484
Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2023-2024
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
January 2, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the companies under review sold certain corrosion inhibitors (corrosion inhibitors) at prices below normal value (NV) during the period of review (POR) March 1, 2023, through February 29, 2024. Further, Commerce is rescinding this review with respect to one company. Commerce invites interested parties to comment on the preliminary results of this review.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 1 (Thursday, January 2, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 81-84]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31484]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China:
Preliminary Results and Partial Rescission of the Antidumping Duty
Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the companies under review sold certain corrosion
inhibitors (corrosion inhibitors) at prices below normal value (NV)
during the period of review (POR) March 1, 2023, through February 29,
2024. Further, Commerce is rescinding this review with respect to one
company. Commerce invites interested parties to comment on the
preliminary results of this review.
DATES: Applicable January 2, 2025.
FOR FURTHER INFORMATION CONTACT: Dusten Hom or Blair Hood, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5075 or (202) 482-8329,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2021, Commerce published in the Federal Register the
antidumping duty (AD) order on certain corrosion inhibitors from the
People's Republic of China (China).\1\ On March 2, 2023, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On May 8, 2024, based on timely
requests for an administrative review, Commerce initiated this
administrative review of the Order.\3\ This administrative review
covers 10 companies, including two mandatory respondents, Anhui Trust
Chem Co., Ltd. (ATC) and Nantong Botao Chemical Co., Ltd. (Botao) \4\
On August 8, 2024, Commerce tolled certain deadlines in this
administrative review by seven days.\5\ On November 21, 2024, Commerce
extended the deadline for issuing the preliminary results of this
review until December 23, 2024.\6\ On December 9, 2024, Commerce tolled
the deadline to issue the preliminary results in this administrative
review by 90 days. Accordingly, the deadline for the preliminary
results of this review is now March 24, 2025.\7\
---------------------------------------------------------------------------
\1\ See Certain Corrosion Inhibitors from the People's Republic
of China: Antidumping Duty Order, 86 FR 14869 (March 19, 2021)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 89 FR 15159 (March 1, 2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 38871 (May 8, 2024) (Initiation
Notice).
\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Corrosion Inhibitors from the People's Republic of China:
``Respondent Selection,'' dated June 22, 2023.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated August 8, 2024.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated November
21, 2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\8\ 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>. A list of topics discussed in the Preliminary
Decision Memorandum is included in Appendix I to this notice. 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>.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2023-2024 Antidumping Duty Administrative Review of
Certain Corrosion Inhibitors 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 corrosion inhibitors from
China. For
[[Page 82]]
a full description of the scope of the Order, see the Preliminary
Decision Memorandum.\9\
---------------------------------------------------------------------------
\9\ See Preliminary Decision Memorandum at the ``Scope'' section
for more details.
---------------------------------------------------------------------------
Rescission of Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws its request within 90 days of the date of
publication of the notice of initiation. On June 5, 2024, Wincom Inc.
(the petitioner) timely withdrew its request for review of Jiangyin
Delian Chemical Co., Ltd. (Delian) within 90 days of the date of
publication of the Initiation Notice.\10\ As a result, Commerce is
rescinding this review with respect to Delian, in accordance with 19
CFR 351.213(d)(1).
---------------------------------------------------------------------------
\10\ See Petitioner's Letter, ``Withdrawal of Request For
Administrative Review,'' dated June 5, 2024.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Commerce
calculated export price in accordance with section 772 of the Act.
Further, because China is a non-market economy (NME) country within the
meaning of section 771(18) of the Act, Commerce calculated NV in
accordance with section 773(c) of the Act. For a full description of
the methodology underlying our preliminary results, see the Preliminary
Decision Memorandum.
Separate Rates
In all proceedings involving a NME country, Commerce maintains a
rebuttable presumption that all companies are subject to government
control and, thus, should be assessed a single weighted-average dumping
margin unless the company can affirmatively demonstrate an absence of
government control, both in law (de jure) and in fact (de facto), with
respect to its exports (i.e., can affirmatively demonstrate that it is
eligible for a separate rate).\11\ Commerce has preliminarily
determined that information placed on the record by Gold Chemical
Limited (Gold Chemical) demonstrates that this company is eligible for
a separate rate.\12\
---------------------------------------------------------------------------
\11\ See Notice of Final Determination of Sales at Less Than
Fair Value, and Affirmative Critical Circumstances, In Part: Certain
Lined Paper Products from the People's Republic of China, 71 FR
53079, 53082 (September 8, 2006); see also Final Determination of
Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond Sawblades and Parts
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May
22, 2006).
\12\ See Preliminary Decision Memorandum at the ``Separate Rate
Determination'' section for more details.
---------------------------------------------------------------------------
The statute and Commerce's regulations do not address the
establishment of a separate rate to be applied to companies not
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks 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 separate-rate
respondents which Commerce did not examine individually in an
administrative review. Section 735(c)(5)(A) of the Act articulates a
preference that Commerce is not to calculate an all-others rate using
rates for individually examined respondents which are zero, de minimis,
or based entirely on facts available. For the preliminary results of
this review, Commerce determined the estimated dumping margins for ATC
and Botao to be 96.67 and 96.04 percent, respectively. For the reasons
explained in the Preliminary Decision Memorandum, we are assigning a
96.46 percent rate to the non-examined respondent, Gold Chemical, which
qualifies for a separate rate in this review, consistent with
Commerce's practice and section 735(c)(5)(A) of the Act.
China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\13\ 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 in
this review, the entity is not under review, and the entity's
assessment rate (i.e., 241.02 percent) is not subject to change.\14\
For the reasons explained in the Preliminary Decision Memorandum,
Commerce considers all other companies for which a review was requested
(none of which filed a separate rate application), listed in Appendix
II to this notice, to be part of the China-wide entity.\15\
---------------------------------------------------------------------------
\13\ 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).
\14\ See Order.
\15\ See Appendix II for the list of companies that are subject
to this administrative review that are considered to be part of the
China-wide entity.
---------------------------------------------------------------------------
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering
the period March 1, 2023, through February 29, 2024:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Anhui Trust Chem Co., Ltd.; Jiangsu Trust Chem Co., 96.67
Ltd.; Nanjing Trust Chem Co., Ltd..................
Nantong Botao Chemical Co., Ltd..................... 96.04
Gold Chemical Limited............................... 96.46
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of any public announcement of these preliminary results or,
if there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs no later than 30 days after the date of publication of this
notice in the Federal Register. 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.\16\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing
[[Page 83]]
each issue addressed; and (2) a table of authorities.\17\
---------------------------------------------------------------------------
\16\ 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 Service Final Rule).
\17\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
---------------------------------------------------------------------------
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.\18\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that we will
issue for the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
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).\19\
---------------------------------------------------------------------------
\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically via ACCESS within 30 days after the publication of this
notice. Requests should contain (1) the party's name, address,
telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of the issues to be
discussed. If a request for a hearing is made, Commerce will announce
the date and time of the hearing. Issues raised in the hearing by a
party will be limited to those raised in the party's case and rebuttal
briefs. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review.
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\20\
---------------------------------------------------------------------------
\20\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
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).
For ATC and its affiliates, and Botao, Commerce intends to
calculate importer or customer-specific assessment rates, in accordance
with 19 CFR 351.212(b)(1).\21\ Where the respondent reported reliable
entered values, Commerce intends to calculate importer or customer-
specific ad valorem assessment rates by aggregating the amount of
dumping calculated for all U.S. sales to the importer or customer and
dividing this amount by the total entered value of the merchandise sold
to the importer or customer.\22\ Where the respondent did not report
entered values, Commerce will calculate importer or customer-specific
assessment rates by dividing the amount of dumping for reviewed sales
to the importer or customer by the total quantity of those sales.
Commerce will calculate an estimated ad valorem importer or customer-
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.\23\ Where an importer or
customer-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 or customer-
specific ad valorem assessment rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\24\
---------------------------------------------------------------------------
\21\ 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).
\22\ See 19 CFR 351.212(b)(1).
\23\ Id.
\24\ See Final Modification, 77 FR 8103.
---------------------------------------------------------------------------
Pursuant to a refinement to Commerce's assessment practice, where
sales of subject merchandise exported by an individually examined
respondent were not reported in the U.S. sales data submitted by the
respondent, but the merchandise was entered into the United States
during the POR, Commerce will instruct CBP to liquidate any entries of
such merchandise at the AD assessment rate for the China-wide
entity.\25\
---------------------------------------------------------------------------
\25\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
For the respondents that were not selected for individual
examination in this administrative review, but which qualified for a
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s) selected for
individual examination, as appropriate, in the final results of this
review.\26\
---------------------------------------------------------------------------
\26\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying Preliminary Decision
Memorandum at 10-11, unchanged in Drawn Stainless Steel Sinks from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
---------------------------------------------------------------------------
For Delian, the company for which this review is rescinded with
these preliminary results, we will instruct CBP to assess antidumping
duties on all appropriate entries at a rate equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period March 1,
2023, through February 29, 2024, in accordance with 19 CFR
351.212(c)(l)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for the subject merchandise
exported by the company listed above that has a separate rate, the cash
deposit rate will be equal to the weighted-average dumping margin
established in the final results of this administrative review (except,
if the rate is zero or de minimis, then zero cash deposit will be
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all Chinese
exporters of subject merchandise that have not been found
[[Page 84]]
to be entitled to a separate rate, the cash deposit rate will be that
for the China-wide entity; and (4) for all non-Chinese exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in case and rebuttal briefs, within
120 days of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Notification to Importers
This notice serves as a preliminary 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 these PORs. 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
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1)(B), 751(a)(3), and 777(i)
of the Act, and 19 CFR 351.213(d)(4) and 351.221(b)(4).
Dated: December 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Recission of Administrative Review
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(f) of the Act
VIII. Currency Conversion
IX. Recommendation
Appendix II
Companies Considered To Be Part of the China-Wide Entity
1. Connect Chemicals China Co., Ltd.
2. Connect Chemicals GMBH
3. Kanghua Chemical Co., Ltd. (formerly known as Nantong Kanghua
Chemical Co., Ltd.)
4. Relic Chemicals
5. Sagar Specialty Chemicals Pvt., Ltd.
6. Vcare Medicines
7. Yasho Industries Pvt. Ltd.
[FR Doc. 2024-31484 Filed 12-31-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on January 2, 2025.
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.