Chlorinated Isocyanurates From the People's Republic of China: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014, 27466-27468 [2017-12449]
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27466
Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices
December 31, 2015.1 On November 23,
2016, the Department received letters
from Colakoglu Metalurji A.S., Icdas
Celik Enerji Tersane ve Ulasim Sanayi
A.S., and Kaptan Demir Celik Endustrisi
ve Ticaret A.S., respectively, requesting
an administrative review.2 On
November 30, 2016, the Department
received a letter from the Rebar Trade
Action Coalition (RTAC, or the
petitioner) 3 requesting a review of 19
exporters and/or producers of subject
merchandise.4 On January 13, 2017, the
Department published a notice of
initiation of administrative review for
this CVD order.5 On April 13, 2017, the
petitioner submitted a timely
withdrawal of its request for review of
DufEnergy, Duferco Celik, and Ekinciler
Demir.6
Partial Rescission of the 2015
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the parties
that requested a review withdraw the
request within 90 days of the date of
publication of the notice of initiation.
The Department published the Initiation
Notice for this administrative review on
January 13, 2017. The petitioner timely
withdrew its request for a review of
DufEnergy, Duferco Celik, and Ekinciler
Demir within the 90-day period. No
other party requested an administrative
review of these particular companies.
Therefore, in accordance with 19 CFR
351.213(d)(1), and consistent with our
practice,7 we are rescinding this review
of the CVD order on rebar from Turkey
with respect to DufEnergy, Duferco
Celik, and Ekinciler Demir. This review
will continue with respect to all other
pmangrum on DSK3GDR082PROD with NOTICES
1 See
Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 76920
(November 4, 2016).
2 See Colakoglu Metalurji A.S.’ November 23,
2016 Request for CVD Administrative Review; Icdas
Celik Enerji Tersane ve Ulasim Sanayi A.S.’
November 23, 2016 Request for CVD Administrative
Review; and Kaptan Demir Celik Endustrisi ve
Ticaret A.S.’ November 23, 2016 Request for CVD
Administrative Review.
3 The individual members of RTAC are Nucor
Corporation, Gerdau Ameristeel US Inc.,
Commercial Metals Company, Byer Steel Group,
Inc., and Steel Dynamics, Inc.
4 See Petitioner’s November 30, 2016 Request for
Administrative Review.
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
4294 (January 13, 2017) (Initiation Notice).
6 See Petitioner’s April 13, 2017 Withdrawal of
Requests for Administrative Review.
7 See, e.g., Certain Lined Paper Products from
India: Notice of Partial Rescission of Countervailing
Duty Administrative Review; 2014, 81 FR 7082
(February 10, 2016).
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14:10 Jun 14, 2017
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firms for which a review was requested
and initiated.
Assessment
The Department will instruct Customs
and Border Protection (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, 2015, through December 31, 2015, in
accordance with 19 CFR
351.212(c)(1)(i).
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of this notice.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under an 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 terms of an APO is a
violation which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: June 9, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–12409 Filed 6–14–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–991]
Chlorinated Isocyanurates From the
People’s Republic of China: Final
Results of Countervailing Duty
Administrative Review, and Partial
Rescission of Countervailing Duty
Administrative Review; 2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) has completed its
administrative review of the
AGENCY:
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countervailing duty (CVD) order on
chlorinated isocyanurates (chloro isos)
from the People’s Republic of China
(PRC) for the February 4, 2014, through
December 31, 2014, period of review
(POR). We have determined that
mandatory respondents Heze Huayi
Chemical Co., Ltd. (Heze) and Hebei
Jiheng Chemical Co., Ltd. (Jiheng), and
their cross-owned affiliates, where
applicable, received countervailable
subsidies during the POR. The final net
subsidy rates are listed below in ‘‘Final
Results of Administrative Review.’’ We
are also rescinding the review for
Juancheng Kangtai Chemical Co., Ltd.
(Kangtai) that timely certified it made
no shipments of subject merchandise
during the POR.
DATES: Effective June 15, 2017.
FOR FURTHER INFORMATION CONTACT:
Omar Qureshi or Justin Neuman, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone
202.482.5307 or 202.482.0486,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2014, the
Department published the CVD Order
on chloro isos from the PRC.1 The
Department published the Preliminary
Results of this administrative review in
the Federal Register on December 13,
2016.2 We invited interested parties to
comment on the Preliminary Results. On
May 19, 2017, we received case briefs
from the petitioners and the
Government of China (GOC).3 On May
24, 2017 we received rebuttal comments
from the petitioners, Jiheng, and Heze.4
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Countervailing Duty Order, 79
FR 67424 (November 13, 2014).
2 See Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Results of
Countervailing Duty Administrative Review, and
Preliminary Intent to Rescind Review, in Part; 2014,
81 FR 89896 (December 13, 2016) and
accompanying Issues and Decision Memorandum
(Preliminary Results).
3 See Case Brief Submitted to the Record from the
Petitioners (May 19, 2017) (the Petitioners’ Case
Brief); Letter to the Secretary of Commerce from the
GOC, ‘‘GOC Administrative Case Brief: First
Administrative Review of the Countervailing Duty
Order on Chlorinate Isocyanurates from the
People’s Republic of China (C–570–991)’’ (May 19,
2017) (GOC’s Case Brief).
4 See Rebuttal Case Brief Submitted to the Record
from the Petitioners (May 24, 2017); Letter to the
Secretary of Commerce from the GOC, ‘‘GOC
Administrative Rebuttal Brief: First Administrative
Review of the Countervailing Duty Order on
Chlorinated Isocyanurates from the People’s
Republic of China (C–570–991) (May 19, 2017)
(GOC’s Case Brief); Letter to the Secretary of
Commerce from Heze, ‘‘Certain Chlorinated
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Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices
On May 31, 2017, the Department
issued the results of its post-preliminary
decision on the China Export Import
Bank’s Export Buyer’s Credit Program,
and invited comments on the
Department’s decision. On June 2, 2017,
Heze provided comments on the postpreliminary decision.5 On June 5, 2017,
we received rebuttal comments on the
post-preliminary decision from the
petitioners and the GOC.6
Scope of the Order
The products covered by the order are
chloro isos, which are derivatives are
cyanuric acid, described as chlorinated
s-triazine triones.7 Chloro isos are
currently classifiable under subheadings
2933.69.6015, 2933.69.6021,
2933.69.6050, 3808.50.4000,
3808.94.5000, and 3808.99.9500 of the
Harmonized Tariff Schedule of the
United States (HTSUS). The HTSUS
subheadings are provided for
convenience and customs purposes; the
written product description of the scope
of the order is dispositive.
pmangrum on DSK3GDR082PROD with NOTICES
Analysis of Comments Received
All issues raised in the parties’ briefs
are addressed in the Issues and Decision
Memorandum. A list of the issues
addressed is attached to this notice at
Appendix I. 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 https://access.trade.gov and in the
Central Records Unit, Room B8024 of
the main Department building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn. The signed
Issues and Decision Memorandum and
Isocyanurates from China Rebuttal Brief’’ (May 24,
2017) (Heze’s Rebuttal Brief); Letter to the Secretary
of Commerce from Jiheng, ‘‘Certain Chlorinated
Isocyanurates from China Rebuttal Brief of Hebei
Jiheng Chemical Co., Ltd.’’ (May 24, 2017) (Jiheng’s
Rebuttal Brief).
5 See Letter to the Secretary of Commerce from
Heze, ‘‘Certain Chlorinated Isocyanurates from
China Comments on Post-Preliminary Results’’
(June 2, 2017) (Heze’s Post-Prelim Comments).
6 See Letter to the Secretary of Commerce from
the Petitioners, ‘‘Chlorinated Isocyanurates from the
People’s Republic of China: Post-Preliminary
Determination Rebuttal Comments’’ (June 5, 2017)
(the Petitioners’ Post-Prelim Rebuttal Comments);
Letter to the Secretary of Commerce from the GOC,
‘‘GOC Comments in Response to Post-Prelim
Comments: First Administrative Review of the
Countervailing Duty Order on Chlorinated
Isocyanurates from the People’s Republic of China
(C–570–991)’’ (June 5, 2017) (GOC’s Post-Prelim
Rebuttal Comments).
7 For a complete description of the Scope of the
Order, see Preliminary Results.
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14:10 Jun 14, 2017
Jkt 241001
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on case briefs, rebuttal briefs,
and all supporting documentation, we
made changes from the Preliminary
Results. For Heze, the Department has
corrected the average useful life range
from 9 to 10 years. The Department also
found the Export Buyer’s Credit
Program to be countervailable and
applied an adverse inference in a postpreliminary decision memorandum.8
However, the Department has adjusted
the adverse inference rate in these final
results.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we find that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.9 The Issues and
Decision Memorandum contains a full
description of the methodology
underlying the Department’s
conclusions, including any
determination that relied upon the use
of adverse facts available pursuant to
sections 776(a) and (b) of the Act.
Partial Rescission of Administrative
Review
As noted in the Preliminary Results,
the Department timely received a noshipment response from Kangtai. The
Department stated its intention to
rescind the review with respect to this
company. The Department inquired
with U.S. Customs and Border
Protection (CBP) whether Kangtai had
shipped merchandise to the United
States during the POR, and CBP
provided no evidence to contradict the
claims of no shipments made by this
company. Accordingly, the Department
is rescinding the administrative review
on Kangtai, pursuant to 19 CFR
351.213(d)(3).
8 See Memorandum from Gary Taverman, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Ronald
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Countervailing
Duty Administrative Review of Chlorinated
Isocyanurates from the People’s Republic of China:
Post-Preliminary Results Decision Memorandum’’
(May 31, 2017).
9 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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27467
Final Results of Review
In accordance with 19 CFR
351.221(b)(4)(i), we determine the
following net subsidy rates for the 2014
administrative review:
Company
Net subsidy
rates
(percent ad
valorem)
Hebei Jiheng Chemical Co.,
Ltd .....................................
Heze Huayi Chemical Co.,
Ltd .....................................
21.76
1.91
Assessment Rates
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review, to liquidate
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after February 4,
2014, through December 31, 2014, at the
ad valorem rates listed above.
Cash Deposit Instructions
In accordance with section 751(a)(1)
of the Act, the Department intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respective companies listed above.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: June 9, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. Background
III. List of Interested Party Comments
IV. Scope of the Order
V. Changes Since the Preliminary Results and
Post-Preliminary Results
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Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices
VI. Partial Rescission of Administrative
Review
VII. Subsidies Valuation Information
VIII. Benchmarks
IX. Use of Facts Otherwise Available and
Adverse Inferences
X. Programs Determined To Be
Countervailable
XI. Programs Determined Not To Confer
Measurable Benefits
XII. Programs Determined Not To Be Used
During the POR
XIII. Analysis of Comments
XIV. Conclusion
Netherlands. Intended Use: See notice at
81 FR 71702–03, October 18, 2016.
Comments: None received. Decision:
Approved. No instrument of equivalent
scientific value to the foreign
instrument, for such purposes as this
instrument is intended to be used, is
being manufactured in the United States
at the time the instrument was ordered.
Reasons: Each foreign instrument is an
electron microscope and is intended for
research or scientific educational uses
requiring an electron microscope. We
know of no electron microscope, or any
other instrument suited to these
purposes, which was being
manufactured in the United States at the
time of order of each instrument.
[FR Doc. 2017–12449 Filed 6–14–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
pmangrum on DSK3GDR082PROD with NOTICES
University of Massachusetts Medical
School, et al.; Notice of Consolidated
Decision on Applications for Duty-Free
Entry of Electron Microscope
This is a decision consolidated
pursuant to Section 6(c) of the
Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301).
Related records can be viewed between
8:30 a.m. and 5:00 p.m. in Room 3720,
U.S. Department of Commerce, 14th and
Constitution Avenue NW., Washington,
DC.
Docket Number: 16–002. Applicant:
University of Massachusetts Medical
School, Worcester, MA 01655.
Instrument: Electron Microscope.
Manufacturer: FEI Company, the
Netherlands. Intended Use: See notice at
81 FR 71702, October 18, 2016.
Docket Number: 16–011. Applicant:
Van Andel Research Institute, Grand
Rapids, MI 49503. Instrument: Electron
Microscope. Manufacturer: FEI
Company, the Netherlands. Intended
Use: See notice at 81 FR 71702–03,
October 18, 2016.
Docket Number: 16–012. Applicant:
Van Andel Research Institute, Grand
Rapids, MI 49503. Instrument: Electron
Microscope. Manufacturer: FEI
Company, the Netherlands. Intended
Use: See notice at 81 FR 71702–03,
October 18, 2016.
Docket Number: 16–013. Applicant:
Van Andel Research Institute, Grand
Rapids, MI 49503. Instrument: Electron
Microscope. Manufacturer: FEI
Company, Czech Republic. Intended
Use: See notice at 81 FR 71702–03,
October 18, 2016.
Docket Number: 16–015. Applicant:
Yale University, New Haven, CT 06520.
Instrument: Electron Microscope.
Manufacturer: FEI Company, the
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14:10 Jun 14, 2017
Jkt 241001
Dated: June 9, 2017.
Gregory W. Campbell,
Director, Subsidies Enforcement, Enforcement
and Compliance.
[FR Doc. 2017–12407 Filed 6–14–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Purdue University, et al.; Notice of
Decision on Application for Duty-Free
Entry of Scientific Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed
between 8:30 a.m. and 5:00 p.m. in
Room 3720, U.S. Department of
Commerce, 14th and Constitution Ave.
NW., Washington, DC.
Docket Number: 16–004. Applicant:
Purdue University, West Lafayette, IN
47907. Instrument: SGR YAG pulsed
laser. Manufacturer: Beamtech
Optronics, Co., LTD, China. Intended
Use: See notice at 81 FR 71702, October
18, 2016. Comments: None received.
Decision: Approved. We know of no
instruments of equivalent scientific
value to the foreign instruments
described below, for such purposes as
this is intended to be used, that was
being manufactured in the United States
at the time of order. Reasons: The
instrument will be used for pulsed laser
annealing and nanostructure integrated
laser shock peening, to improve the
microstructure of thin film for better
electrical and optical properties.
Requirements for the experiment
include three wave lengths (355nm,
532nm, 1064 nm), pulse energy 2J, flat
hat beam, and pulse duration tunable
from 10ns to 25ns.
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Docket Number: 16–008. Applicant:
California Institute of Technology,
Pasadena, CA 91125. Instrument:
Cryogenic Temperature Scanning
Tunneling Microscope System.
Manufacturer: Unisoku Co., LTD., Japan.
Intended Use: See notice at 81 FR
71703, October 18, 2016. Comments:
None received. Decision: Approved. We
know of no instruments of equivalent
scientific value to the foreign
instruments described below, for such
purposes as this is intended to be used,
that was being manufactured in the
United States at the time of order.
Reasons: The instrument will be used to
investigate structural and electrical
surface properties with atomic
resolution at cryogenic temperatures
(¥459 Fahrenheit—0.4 K) and high
magnetic fields, at which conditions
materials can exhibit unusual quantum
properties such as topological
superconductivity and fractionalization
of charge carriers. Experiments to be
conducted with the instrument include
mapping of the local electronic density
of states of gated nanostructures by
measuring current—voltage curves at
different points, mapping of the electron
spin structure using scanning tips made
of magnetic materials, and probing the
size of the energy gap in topological
insulators and topological
superconductors. For this type of
research an instrument capable of
performing scanning tunneling
microscopy (STM) and atomic force
microscopy (AFM) at cryogenic
temperatures and high magnetic fields is
essential.
Dated: June 9, 2017.
Gregory W. Campbell,
Director, Subsidies Enforcement, Enforcement
and Compliance.
[FR Doc. 2017–12406 Filed 6–14–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF473
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Applications for three new
scientific research permits, one permit
modification, and four permit renewals.
AGENCY:
Notice is hereby given that
NMFS has received eight scientific
research permit application requests
SUMMARY:
E:\FR\FM\15JNN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Notices]
[Pages 27466-27468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12449]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Final Results of Countervailing Duty Administrative Review, and Partial
Rescission of Countervailing Duty Administrative Review; 2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) has completed its
administrative review of the countervailing duty (CVD) order on
chlorinated isocyanurates (chloro isos) from the People's Republic of
China (PRC) for the February 4, 2014, through December 31, 2014, period
of review (POR). We have determined that mandatory respondents Heze
Huayi Chemical Co., Ltd. (Heze) and Hebei Jiheng Chemical Co., Ltd.
(Jiheng), and their cross-owned affiliates, where applicable, received
countervailable subsidies during the POR. The final net subsidy rates
are listed below in ``Final Results of Administrative Review.'' We are
also rescinding the review for Juancheng Kangtai Chemical Co., Ltd.
(Kangtai) that timely certified it made no shipments of subject
merchandise during the POR.
DATES: Effective June 15, 2017.
FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Justin Neuman, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone 202.482.5307 or 202.482.0486,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2014, the Department published the CVD Order on
chloro isos from the PRC.\1\ The Department published the Preliminary
Results of this administrative review in the Federal Register on
December 13, 2016.\2\ We invited interested parties to comment on the
Preliminary Results. On May 19, 2017, we received case briefs from the
petitioners and the Government of China (GOC).\3\ On May 24, 2017 we
received rebuttal comments from the petitioners, Jiheng, and Heze.\4\
[[Page 27467]]
On May 31, 2017, the Department issued the results of its post-
preliminary decision on the China Export Import Bank's Export Buyer's
Credit Program, and invited comments on the Department's decision. On
June 2, 2017, Heze provided comments on the post-preliminary
decision.\5\ On June 5, 2017, we received rebuttal comments on the
post-preliminary decision from the petitioners and the GOC.\6\
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014).
\2\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review, and Preliminary Intent to Rescind Review, in Part; 2014, 81
FR 89896 (December 13, 2016) and accompanying Issues and Decision
Memorandum (Preliminary Results).
\3\ See Case Brief Submitted to the Record from the Petitioners
(May 19, 2017) (the Petitioners' Case Brief); Letter to the
Secretary of Commerce from the GOC, ``GOC Administrative Case Brief:
First Administrative Review of the Countervailing Duty Order on
Chlorinate Isocyanurates from the People's Republic of China (C-570-
991)'' (May 19, 2017) (GOC's Case Brief).
\4\ See Rebuttal Case Brief Submitted to the Record from the
Petitioners (May 24, 2017); Letter to the Secretary of Commerce from
the GOC, ``GOC Administrative Rebuttal Brief: First Administrative
Review of the Countervailing Duty Order on Chlorinated Isocyanurates
from the People's Republic of China (C-570-991) (May 19, 2017)
(GOC's Case Brief); Letter to the Secretary of Commerce from Heze,
``Certain Chlorinated Isocyanurates from China Rebuttal Brief'' (May
24, 2017) (Heze's Rebuttal Brief); Letter to the Secretary of
Commerce from Jiheng, ``Certain Chlorinated Isocyanurates from China
Rebuttal Brief of Hebei Jiheng Chemical Co., Ltd.'' (May 24, 2017)
(Jiheng's Rebuttal Brief).
\5\ See Letter to the Secretary of Commerce from Heze, ``Certain
Chlorinated Isocyanurates from China Comments on Post-Preliminary
Results'' (June 2, 2017) (Heze's Post-Prelim Comments).
\6\ See Letter to the Secretary of Commerce from the
Petitioners, ``Chlorinated Isocyanurates from the People's Republic
of China: Post-Preliminary Determination Rebuttal Comments'' (June
5, 2017) (the Petitioners' Post-Prelim Rebuttal Comments); Letter to
the Secretary of Commerce from the GOC, ``GOC Comments in Response
to Post-Prelim Comments: First Administrative Review of the
Countervailing Duty Order on Chlorinated Isocyanurates from the
People's Republic of China (C-570-991)'' (June 5, 2017) (GOC's Post-
Prelim Rebuttal Comments).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are chloro isos, which are
derivatives are cyanuric acid, described as chlorinated s-triazine
triones.\7\ Chloro isos are currently classifiable under subheadings
2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000, 3808.94.5000,
and 3808.99.9500 of the Harmonized Tariff Schedule of the United States
(HTSUS). The HTSUS subheadings are provided for convenience and customs
purposes; the written product description of the scope of the order is
dispositive.
---------------------------------------------------------------------------
\7\ For a complete description of the Scope of the Order, see
Preliminary Results.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues addressed is
attached to this notice at Appendix I. 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 https://access.trade.gov and in the Central Records
Unit, Room B8024 of the main Department building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on case briefs, rebuttal briefs, and all supporting
documentation, we made changes from the Preliminary Results. For Heze,
the Department has corrected the average useful life range from 9 to 10
years. The Department also found the Export Buyer's Credit Program to
be countervailable and applied an adverse inference in a post-
preliminary decision memorandum.\8\ However, the Department has
adjusted the adverse inference rate in these final results.
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\8\ See Memorandum from Gary Taverman, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to
Ronald Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Countervailing Duty Administrative Review of
Chlorinated Isocyanurates from the People's Republic of China: Post-
Preliminary Results Decision Memorandum'' (May 31, 2017).
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\9\ The Issues and Decision Memorandum contains a full
description of the methodology underlying the Department's conclusions,
including any determination that relied upon the use of adverse facts
available pursuant to sections 776(a) and (b) of the Act.
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\9\ 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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Partial Rescission of Administrative Review
As noted in the Preliminary Results, the Department timely received
a no-shipment response from Kangtai. The Department stated its
intention to rescind the review with respect to this company. The
Department inquired with U.S. Customs and Border Protection (CBP)
whether Kangtai had shipped merchandise to the United States during the
POR, and CBP provided no evidence to contradict the claims of no
shipments made by this company. Accordingly, the Department is
rescinding the administrative review on Kangtai, pursuant to 19 CFR
351.213(d)(3).
Final Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we determine the
following net subsidy rates for the 2014 administrative review:
------------------------------------------------------------------------
Net subsidy
rates
Company (percent ad
valorem)
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd.......................... 21.76
Heze Huayi Chemical Co., Ltd............................ 1.91
------------------------------------------------------------------------
Assessment Rates
The Department intends to issue assessment instructions to CBP 15
days after the date of publication of these final results of review, to
liquidate shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after February 4, 2014, through
December 31, 2014, at the ad valorem rates listed above.
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, the Department
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for each of the respective
companies listed above. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable
violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 9, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. List of Interested Party Comments
IV. Scope of the Order
V. Changes Since the Preliminary Results and Post-Preliminary
Results
[[Page 27468]]
VI. Partial Rescission of Administrative Review
VII. Subsidies Valuation Information
VIII. Benchmarks
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Programs Determined To Be Countervailable
XI. Programs Determined Not To Confer Measurable Benefits
XII. Programs Determined Not To Be Used During the POR
XIII. Analysis of Comments
XIV. Conclusion
[FR Doc. 2017-12449 Filed 6-14-17; 8:45 am]
BILLING CODE 3510-DS-P
