[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67709-67711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23661]
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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, and
Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Heze Huayi Chemical Co., Ltd. (Heze Huayi) made sales of chlorinated
isocyanurates from the People's Republic of China (China) at less than
[[Page 67710]]
normal value during the period of review (POR) June 1, 2018, through
May 31, 2019, and that Juancheng Kangtai Chemical Co., Ltd. (Kangtai)
had no shipments of subject merchandise during the POR.
DATES: Applicable October 26, 2020.
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 July 29, 2019, Commerce initiated the administrative review of
the AD order on chlorinated isocyanurates (chlorinated isos) from China
covering the period June 1, 2018 through May 31, 2019.\1\ The
petitioners in this review are Bio-lab; Inc., Clearon Corp.; and
Occidental Chemical Corp. (collectively, the petitioners). This review
covers two producers/exporters: Heze Huayi and Kangtai.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 36572 (July 29, 2019).
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On February 21, 2020, Commerce extended the deadline for the
preliminary determination of this administrative review.\2\ On April
24, 2020, Commerce tolled all deadlines in administrative reviews by 50
days.\3\ Subsequently, on July 21, 2020, Commerce tolled all
preliminary and final results in administrative reviews by an
additional 60 days,\4\ thereby extending the deadline for these final
results until October 19, 2020.
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\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
21, 2020.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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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 included in the Preliminary Decision Memorandum is
included as Appendix I 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 https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2018-2019 Antidumping Duty Administrative Review:
Chlorinated Isocyanurates from the People's Republic of China,''
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, which are
derivatives of cyanuric acid, described as chlorinated s-triazine
triones.\6\ 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 (HTSUS). Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of
merchandise subject to the scope of the order is dispositive. For a
full description of the scope of the order, see Preliminary Decision
Memorandum.
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\6\ For a complete description of the Scope of the Order, see
Preliminary Decision Memorandum.
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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, normal value 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. A list of the
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice.
Preliminary Determination of No Shipments
On August 28, 2019, Kangtai reported that it had no entries of
subject merchandise during the POR.\7\ U.S. Customs and Border
Protection (CBP) did not have any information to contradict the claim
of no shipments during the POR.\8\ Therefore, we preliminarily
determine that Kangtai had no reviewable entries during the POR.
Consistent with Commerce's practice, we will not rescind the review
with respect to Kangtai, but will complete the review and issue
instructions to CBP based on the final results.\9\
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\7\ See Letter from Kangtai, ``Chlorinated Isocyanurates from
the People's Republic of China: No Sales Certification,'' dated
August 28, 2019. See also Letter from Kangtai, ``Chlorinated
Isocyanurates from the People's Republic of China: Clarification of
Letter Regarding No Sales Certification,'' dated September 6, 2019.
\8\ See Memorandum, ``U.S. Customs and Border Protection (CBP)
Data for Juancheng Kangtai Chemical Co., Ltd.,'' dated October 11,
2019.
\9\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for Heze Huayi for the period of June 1,
2018 through May 31, 2019:
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Weight-
average
Exporter dumping margin
percentage
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Heze Huayi Chemical Co. Ltd............................. 69.88
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Disclosure and Public Comment
Commerce intends to disclose the calculations for these preliminary
results within five days of the date of publication of this notice, in
accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review.\10\
Rebuttals to case briefs, which must be limited to issues raised in the
case briefs, must be filed within seven days after the time limit for
filing case briefs.\11\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\12\ Parties who submit
case briefs or rebuttal briefs in this proceeding are requested to
submit with each with each argument: (1) A statement of the issue; (2)
a brief summary of the argument; and (3) a table of authorities.\13\
Case and
[[Page 67711]]
rebuttal briefs should be filed using ACCESS.\14\
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\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1) and (2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\13\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\14\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, within 30 days of the date of publication of this
notice.\15\ 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 and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined.\16\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case briefs, within 120 days of publication of these
preliminary results in the Federal Register, unless extended, pursuant
to section 751(a)(3)(A) of the Act.
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.\17\ Commerce intends to issue assessment instructions to CBP 15
days after the date of publication of the final results of this review.
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\17\ See 19 CFR 351.212(b)(1).
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In accordance with 19 CFR 351.212(b)(1), we are calculating
importer- or customer- specific assessment rates for the merchandise
subject to this review. For any individually examined respondent whose
weighted-average dumping margin is above de minimis (i.e., 0.50
percent), Commerce will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total entered value of sales.\18\
We will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific assessment
rate is above de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\18\ 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).
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For entries that were not reported in the U.S. sales database
submitted by an exporter individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate. Additionally, if Commerce determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number will be
liquidated at the China-wide rate.\19\
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\19\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 exporter
listed above, the cash deposit rate will be the rate established in the
final results of this review (except, if the rate is zero or de
minimis, a zero cash deposit rate will be required for that company);
(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 existing producer/exporter-specific
combination rate published for the most recent period; (3) for all
Chinese exporters of subject merchandise that have not been found to be
eligible for a separate rate, the cash deposit rate will be the PRC-
wide rate of 285.63 percent; \20\ 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(s)
that supplied that non-Chinese exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\20\ 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).
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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 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 duties occurred and the subsequent
assessment of double antidumping 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: October 19, 2020.
Jeffrey I. Kessler,
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. Recommendation
[FR Doc. 2020-23661 Filed 10-23-20; 8:45 am]
BILLING CODE 3510-DS-P