Chlorinated Isocyanurates From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2015, 26954-26955 [2018-12483]

Download as PDF 26954 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices Dated: June 4, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Particular Market Situation 5. Preliminary Determination of No Shipments 6. Comparisons to Normal Value 7. Product Comparisons 8. Date of Sale 9. Export Price 10. Normal Value 11. Currency Conversion 12. Recommendation 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.8 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. [FR Doc. 2018–12480 Filed 6–8–18; 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; 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) has completed its administrative review of the countervailing duty (CVD) order on (chloro isos) from the People’s Republic of China (China) for the January 1, 2015, through December 31, 2015, period of review (POR), and determines that countervailable subsidies are being provided to producers and exporters of chloro isos. The final net subsidy rates are listed below in ‘‘Final Results of Administrative Review.’’ DATES: Applicable June 11, 2018. FOR FURTHER INFORMATION CONTACT: Christian Llinas or Omar Qureshi, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone 202.482.4877 or 202.482.5307, respectively. daltland on DSKBBV9HB2PROD with NOTICES AGENCY: SUPPLEMENTARY INFORMATION: Background On November 13, 2014, Commerce published the CVD Order on chloro isos VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 from China.1 On December 4, 2017, Commerce published the Preliminary Results of this administrative review in the Federal Register.2 We invited interested parties to comment on the Preliminary Results. On January 16, 2018, we received case briefs from the petitioners,3 the Government of China (GOC), and from the mandatory respondents, Heze Huayi 4 and Kangtai.5 6 On January 29, 2018, we received rebuttal briefs from the petitioners, the GOC, and from the mandatory respondents, Heze Huayi and Kangtai.7 Analysis of Comments Received All issues raised in the parties’ briefs are listed in the Appendix to this notice and addressed in the Issues and Decision Memorandum. The Issues and 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; 2015, 82 FR 57209 (December 4, 2017) and accompanying Issues and Decision Memorandum (Preliminary Results). 3 Bio-Lab, Inc., Clearon Corporation, and Occidental Chemical Corporation (collectively, ‘‘the petitioners’’). 4 Heze Huayi Chemical Co., Ltd. (Heze Huayi). 5 Juancheng Kangtai Chemical Co., Ltd. (Kangtai). 6 See Petitioners’ Letter, ‘‘Case Brief of Bio-Lab, Inc., Clearon Corp. and Occidental Chemical Corporation,’’ dated January 16, 2018; GOC’s Letter, ‘‘GOC Administrative Case Brief: Second Administrative Review of the Countervailing Duty Order on Chlorinated Isocyanurates from the People’s Republic of China (C–570–991),’’ dated January 16, 2018; and Heze Huayi and Kangtai’s Letter, ‘‘Chlorinated Isocyanurates from the People’s Republic of China: Case Brief,’’ dated January 16, 2018. 7 See Petitioners’ Letter, ‘‘Rebuttal Brief of BioLab, Inc., Clearon Corp. and Occidental Chemical Corporation.’’ dated January 29, 2018; GOC’s Letter, ‘‘GOC Administrative Rebuttal Brief: Second Administrative Review of the Countervailing Duty Order on Chlorinated Isocyanurates from the People’s Republic of China (C–570–991),’’ dated January 29, 2018; Heze Huayi and Kangtai’s Letter, ‘‘Chlorinated Isocyanurates from the People’s Republic of China: Rebuttal Brief,’’ dated January 29, 2018. 8 For a complete description of the Scope of the Order, see Preliminary Results. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 http:// access.trade.gov and in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://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 a change to Heze Huayi’s countervailable subsidy rate to account for transpositional errors made in Heze Huayi’s calculations. We made no changes from the Preliminary 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. Final Results of Review In accordance with 19 CFR 351.221(b)(5), we determine the following net subsidy rates for the 2015 administrative review: Company Hebei Jiheng Chemical Co., Ltd Heze Huayi Chemical Co., Ltd ... Juancheng Kangtai Chemical Co., Ltd ................................... Subsidy rate (percent) 25.19 2.84 1.53 Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue assessment instructions to U.S. 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. E:\FR\FM\11JNN1.SGM 11JNN1 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review, to liquidate shipments of subject merchandise produced and/or exported by the companies listed above, entered, or withdrawn from warehouse, for consumption on or after January 1, 2015, through December 31, 2015, at the ad valorem rates listed above. DEPARTMENT OF COMMERCE Cash Deposit Instructions AGENCY: In accordance with section 751(a)(1) of the Act, Commerce 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 final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: June 5, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. daltland on DSKBBV9HB2PROD with NOTICES 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 VI. Subsidies Valuation Information VII. Benchmarks VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Programs Determined to Be Countervailable X. Programs Determined Not to Confer Measurable Benefits XI. Programs Determined Not to Be Used During the POR XII. Analysis of Comments XIII. Conclusion [FR Doc. 2018–12483 Filed 6–8–18; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 International Trade Administration [A–588–869] Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review; 2016– 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that sales of subject merchandise by Toyo Kohan Co., Ltd. (Toyo Kohan) and Nippon Steel & Sumitomo Metals Corporation (NSSMC) were made at less than normal value during the period of review (POR) May 1, 2016, through April 30, 2017. Interested parties are invited to comment on these preliminary results. DATES: Applicable June 11, 2018. FOR FURTHER INFORMATION CONTACT: Moses Song, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5041. SUPPLEMENTARY INFORMATION: Background On May 1, 2017, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on certain nickel-plated, flat-rolled steel from Japan.1 On May 22, 2017, Toyo Kohan requested that Commerce conduct an administrative review of its sales to the United States during the POR.2 On May 30, 2017, the petitioner, Thomas Steel Strip Corporation (Thomas Steel or the petitioner), requested that Commerce conduct administrative reviews of Toyo Kohan and Nippon Steel & Sumitomo Metal Corporation (NSSMC).3 On July 6, 2017, in response to these timely requests, and in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i), Commerce published a 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 82 FR 20315 (May 1, 2017). 2 See Letter from Toyo Kohan to Commerce regarding ‘‘Toyo Kohan’s Request for Antidumping Administrative Review, Diffusion-Annealed NickelPlated Flat-Rolled Steel Products from Japan,’’ dated May 22, 2017. 3 See Letter from Thomas Steel to Commerce regarding ‘‘Diffusion-Annealed Nickel-Plated FlatRolled Steel from Japan: Request for Third Administrative Review of Antidumping Order,’’ dated May 30, 2017. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 26955 notice of initiation of an administrative review of the antidumping duty order on certain nickel-plated, flat-rolled steel from Japan with respect to both Toyo Kohan and NSSMC.4 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. The revised deadline for the preliminary results of this review is June 4, 2018.5 Scope of the Order The diffusion-annealed, nickel-plated flat-rolled steel products included in this order are flat-rolled, cold-reduced steel products, regardless of chemistry; whether or not in coils; either plated or coated with nickel or nickel-based alloys and subsequently annealed (i.e., ‘‘diffusion-annealed’’); whether or not painted, varnished or coated with plastics or other metallic or nonmetallic substances; and less than or equal to 2.0 mm in nominal thickness. For purposes of this order, ‘‘nickel-based alloys’’ include all nickel alloys with other metals in which nickel accounts for at least 80 percent of the alloy by volume. Imports of merchandise included in the scope of this order are classified primarily under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000, but may also be classified under HTSUS subheadings 7210.70.6090, 7212.40.1000, 7212.40.5000, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.90.0010, 7220.90.0015, 7225.99.0090, or 7226.99.0180. The foregoing HTSUS subheadings are provided only for convenience and customs purposes. The written description of the scope of this order is dispositive. Methodology Commerce is conducting this review in accordance with section 751(a)(2) of the Act. For Toyo Kohan, export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the memorandum from 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 31292, 31294 (July 6, 2017) (Initiation Notice). 5 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 26954-26955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12483]


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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; 2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) has completed its 
administrative review of the countervailing duty (CVD) order on (chloro 
isos) from the People's Republic of China (China) for the January 1, 
2015, through December 31, 2015, period of review (POR), and determines 
that countervailable subsidies are being provided to producers and 
exporters of chloro isos. The final net subsidy rates are listed below 
in ``Final Results of Administrative Review.''

DATES: Applicable June 11, 2018.

FOR FURTHER INFORMATION CONTACT: Christian Llinas or Omar Qureshi, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone 202.482.4877 or 
202.482.5307, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 13, 2014, Commerce published the CVD Order on chloro 
isos from China.\1\ On December 4, 2017, Commerce published the 
Preliminary Results of this administrative review in the Federal 
Register.\2\ We invited interested parties to comment on the 
Preliminary Results. On January 16, 2018, we received case briefs from 
the petitioners,\3\ the Government of China (GOC), and from the 
mandatory respondents, Heze Huayi \4\ and Kangtai.5 6 On 
January 29, 2018, we received rebuttal briefs from the petitioners, the 
GOC, and from the mandatory respondents, Heze Huayi and Kangtai.\7\
---------------------------------------------------------------------------

    \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; 2015, 82 FR 57209 (December 4, 2017) and accompanying Issues 
and Decision Memorandum (Preliminary Results).
    \3\ Bio-Lab, Inc., Clearon Corporation, and Occidental Chemical 
Corporation (collectively, ``the petitioners'').
    \4\ Heze Huayi Chemical Co., Ltd. (Heze Huayi).
    \5\ Juancheng Kangtai Chemical Co., Ltd. (Kangtai).
    \6\ See Petitioners' Letter, ``Case Brief of Bio-Lab, Inc., 
Clearon Corp. and Occidental Chemical Corporation,'' dated January 
16, 2018; GOC's Letter, ``GOC Administrative Case Brief: Second 
Administrative Review of the Countervailing Duty Order on 
Chlorinated Isocyanurates from the People's Republic of China (C-
570-991),'' dated January 16, 2018; and Heze Huayi and Kangtai's 
Letter, ``Chlorinated Isocyanurates from the People's Republic of 
China: Case Brief,'' dated January 16, 2018.
    \7\ See Petitioners' Letter, ``Rebuttal Brief of Bio-Lab, Inc., 
Clearon Corp. and Occidental Chemical Corporation.'' dated January 
29, 2018; GOC's Letter, ``GOC Administrative Rebuttal Brief: Second 
Administrative Review of the Countervailing Duty Order on 
Chlorinated Isocyanurates from the People's Republic of China (C-
570-991),'' dated January 29, 2018; Heze Huayi and Kangtai's Letter, 
``Chlorinated Isocyanurates from the People's Republic of China: 
Rebuttal Brief,'' dated January 29, 2018.
---------------------------------------------------------------------------

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.\8\ 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.
---------------------------------------------------------------------------

    \8\ 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 listed in the Appendix 
to this notice and addressed in the Issues and Decision Memorandum. 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 http://access.trade.gov and 
in the Central Records Unit, Room B8024 of the main Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://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 a change to Heze Huayi's countervailable subsidy 
rate to account for transpositional errors made in Heze Huayi's 
calculations. We made no changes from the Preliminary 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we determine the following 
net subsidy rates for the 2015 administrative review:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd..............................       25.19
Heze Huayi Chemical Co., Ltd................................        2.84
Juancheng Kangtai Chemical Co., Ltd.........................        1.53
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to U.S.

[[Page 26955]]

Customs and Border Protection (CBP) 15 days after the date of 
publication of these final results of review, to liquidate shipments of 
subject merchandise produced and/or exported by the companies listed 
above, entered, or withdrawn from warehouse, for consumption on or 
after January 1, 2015, through December 31, 2015, at the ad valorem 
rates listed above.

Cash Deposit Instructions

    In accordance with section 751(a)(1) of the Act, Commerce 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 final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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
VI. Subsidies Valuation Information
VII. Benchmarks
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Programs Determined to Be Countervailable
X. Programs Determined Not to Confer Measurable Benefits
XI. Programs Determined Not to Be Used During the POR
XII. Analysis of Comments
XIII. Conclusion

[FR Doc. 2018-12483 Filed 6-8-18; 8:45 am]
 BILLING CODE 3510-DS-P