Chlorinated Isocyanurates From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2016, 37627-37628 [2019-15919]

Download as PDF Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices CBP 15 days after the publication of this notice in the Federal Register. Notification to Importers This notice serves as a final 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 POR. 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 Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or 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. This notice is published in accordance with section 771(i)(1) of the Act, and 19 CFR 351.213(d)(4) Dated: July 22, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–15922 Filed 7–31–19; 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; 2016 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 chlorinated isocyanurates (chloro isos) from the People’s Republic of China (China) for the period of review (POR) January 1, 2016 through December 31, 2016, and determines that countervailable subsidies are being provided to producers and exporters of chloro isos. The final net subsidy rates jspears on DSK3GMQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 19:14 Jul 31, 2019 Jkt 247001 are listed below in ‘‘Final Results of Administrative Review.’’ DATES: Applilcable August 1, 2019. FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Susan Pulongbarit, 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 202–482–4031, respectively. SUPPLEMENTARY INFORMATION: Background On November 13, 2014, Commerce published the CVD Order on chloro isos from China.1 On November 30, 2018, 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 February 15, 2019, 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 February 22, 2019, we received rebuttal briefs from the petitioners, the GOC, and from the mandatory respondents, Heze Huayi and Kangtai.7 On January 28, 2019, Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018 through the resumption of operations on January 29, 1 See Chlorinated Isocyanurates from the People’s Republic of China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014) (Order). 2 See Chlorinated Isocyanurates from the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2016, 83 FR 63159 (December 7, 2018) and accompanying Preliminary 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 February 15, 2019, 2019; GOC’s Letter, ‘‘GOC Administrative Case Brief: Third 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 February 15, 2019. 7 See Petitioners’ Letter, ‘‘Rebuttal Brief of BioLab, Inc., Clearon Corp. and Occidental Chemical Corporation.’’ dated February 22, 2019; GOC’s Letter, ‘‘GOC Rebuttal Brief: Third Administrative Review of the Countervailing Duty Order on Chlorinated Isocyanurates from the People’s Republic of China (C–570–991),’’ dated February 22, 2019; and Heze Huayi and Kangtai’s Letter, ‘‘Chlorinated Isocyanurates from the People’s Republic of China: Rebuttal Brief,’’ dated February 22, 2019. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 37627 2019.8 On May 9, 2019, Commerce extended the time period for issuing the final results to June 18, 2019.9 On June 4, 2019, Commerce fully extended the time period for issuing the final results to July 12, 2019.10 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. 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. For a full description of the scope, see the Issues and Decision Memorandum.11 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 https:// 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 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. 8 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 9 See Memorandum, ‘‘Chlorinated Isocyanurates from the People’s Republic of China: Extension of Deadline for Final Results of Third Countervailing Administrative Review,’’ dated May 9, 2019. 10 See Memorandum, ‘‘Chlorinated Isocyanurates from the People’s Republic of China: Extension of Deadline for Final Results of Third Countervailing Administrative Review,’’ dated June 4, 2019. 11 See Memorandum, ‘‘Decision Memorandum for Final Results and Partial Rescission of Review of Countervailing Duty Administrative Review: Chlorinated Isocyanurates from the People’s Republic of China,’’ dated concurrently with this notice (Issues and Decision Memorandum). E:\FR\FM\01AUN1.SGM 01AUN1 37628 Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices Changes Since the Preliminary Results Based on case briefs, rebuttal briefs, and all supporting documentation, we made no changes from the Preliminary Results. Methodology Commerce 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 governmentprovided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.12 The Issues and Decision Memorandum contains a full description of the methodology underlying Commerce’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 2016 administrative review: Company Subsidy rate (percent) Heze Huayi Chemical Co., Ltd. .................................... Juancheng Kangtai Chemical Co., Ltd. ............................ 1.71 1.54 jspears on DSK3GMQ082PROD with NOTICES Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue assessment instructions to U.S. 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, 2016 through December 31, 2016, 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. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company. These cash deposit 12 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. VerDate Sep<11>2014 19:14 Jul 31, 2019 Jkt 247001 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. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 12, 2019. Jeffrey I. Kessler, 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 From 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 Comment 1: Applying AFA to the Export Buyer’s Credit Program Comment 2: AFA Rate XIII. Conclusion [FR Doc. 2019–15919 Filed 7–31–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XQ001 Taking and Importing of Marine Mammals National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; affirmative finding annual renewals for Ecuador, El Salvador, Guatemala, Mexico, Peru, and Spain. AGENCY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 The NMFS Assistant Administrator (Assistant Administrator) has renewed affirmative findings for the Governments of Ecuador, El Salvador, Guatemala, Mexico, Peru, and Spain (referred to hereafter as ‘‘the Nations’’) under the Marine Mammal Protection Act (MMPA). These affirmative findings will continue to allow the importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP) for 1 year in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP) by purse seine vessels operating under the Nations’ jurisdiction or exported from the Nations. NMFS bases the affirmative finding annual renewals on reviews of documentary evidence submitted by the Governments of the Nations and of information obtained from the secretariat of the Inter-American Tropical Tuna Commission (IATTC). DATES: These affirmative finding annual renewals are effective for the one-year period of April 1, 2019, through March 31, 2020. FOR FURTHER INFORMATION CONTACT: Justin Greenman, West Coast Region, National Marine Fisheries Service, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802. Phone: 562–980–3264. Email: justin.greenman@noaa.gov. SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., allows for importation into the United States of yellowfin tuna harvested by purse seine vessels in the ETP from a nation with jurisdiction over purse seine vessels with carrying capacity greater than 400 short tons that harvest tuna in the ETP only if the nation has an ‘‘affirmative finding’’ issued by the NMFS Assistant Administrator. See Section 101(a)(2)(B) of the MMPA, 16 U.S.C. 1371(a)(2)(B). If requested the government of such a nation, the Assistant Administrator will determine whether to make an affirmative finding based upon documentary evidence provided by the government, the IATTC secretariat, or the Department of State. The affirmative finding process requires that the harvesting nation is meeting its obligations under the AIDCP and its obligations of membership in the IATTC. Every 5 years, the government of the harvesting nation must request a new affirmative finding and submit the required documentary evidence directly to the Assistant Administrator. On an annual basis, NMFS reviews the affirmative finding and determines whether the harvesting nation continues to meet the requirements. A nation may provide information related to compliance with AIDCP and IATTC SUMMARY: E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37627-37628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15919]


-----------------------------------------------------------------------

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; 2016

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 
chlorinated isocyanurates (chloro isos) from the People's Republic of 
China (China) for the period of review (POR) January 1, 2016 through 
December 31, 2016, 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: Applilcable August 1, 2019.

FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Susan Pulongbarit, 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-
4031, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 13, 2014, Commerce published the CVD Order on chloro 
isos from China.\1\ On November 30, 2018, 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 February 15, 2019, 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 
February 22, 2019, we received rebuttal briefs from the petitioners, 
the GOC, and from the mandatory respondents, Heze Huayi and Kangtai.\7\ 
On January 28, 2019, Commerce exercised its discretion to toll all 
deadlines affected by the partial federal government closure from 
December 22, 2018 through the resumption of operations on January 29, 
2019.\8\ On May 9, 2019, Commerce extended the time period for issuing 
the final results to June 18, 2019.\9\ On June 4, 2019, Commerce fully 
extended the time period for issuing the final results to July 12, 
2019.\10\
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014) 
(Order).
    \2\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Countervailing Duty Administrative 
Review; 2016, 83 FR 63159 (December 7, 2018) and accompanying 
Preliminary 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 February 
15, 2019, 2019; GOC's Letter, ``GOC Administrative Case Brief: Third 
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 February 15, 2019.
    \7\ See Petitioners' Letter, ``Rebuttal Brief of Bio-Lab, Inc., 
Clearon Corp. and Occidental Chemical Corporation.'' dated February 
22, 2019; GOC's Letter, ``GOC Rebuttal Brief: Third Administrative 
Review of the Countervailing Duty Order on Chlorinated Isocyanurates 
from the People's Republic of China (C-570-991),'' dated February 
22, 2019; and Heze Huayi and Kangtai's Letter, ``Chlorinated 
Isocyanurates from the People's Republic of China: Rebuttal Brief,'' 
dated February 22, 2019.
    \8\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \9\ See Memorandum, ``Chlorinated Isocyanurates from the 
People's Republic of China: Extension of Deadline for Final Results 
of Third Countervailing Administrative Review,'' dated May 9, 2019.
    \10\ See Memorandum, ``Chlorinated Isocyanurates from the 
People's Republic of China: Extension of Deadline for Final Results 
of Third Countervailing Administrative Review,'' dated June 4, 2019.
---------------------------------------------------------------------------

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. 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. For a full description of the scope, see the Issues and 
Decision Memorandum.\11\
---------------------------------------------------------------------------

    \11\ See Memorandum, ``Decision Memorandum for Final Results and 
Partial Rescission of Review of Countervailing Duty Administrative 
Review: Chlorinated Isocyanurates from the People's Republic of 
China,'' dated concurrently with this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

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 https://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 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.

[[Page 37628]]

Changes Since the Preliminary Results

    Based on case briefs, rebuttal briefs, and all supporting 
documentation, we made no changes from the Preliminary Results.

Methodology

    Commerce 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.\12\ The Issues and Decision Memorandum contains a full 
description of the methodology underlying Commerce's conclusions, 
including any determination that relied upon the use of adverse facts 
available pursuant to sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

    \12\ 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 2016 administrative review:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd............................            1.71
Juancheng Kangtai Chemical Co., Ltd.....................            1.54
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to U.S. 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, 2016 through December 31, 2016, 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. For all non-reviewed firms, we will instruct CBP to continue to 
collect cash deposits at the most recent company-specific or all-others 
rate applicable to the company. 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.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 12, 2019.
Jeffrey I. Kessler,
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 From 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
    Comment 1: Applying AFA to the Export Buyer's Credit Program
    Comment 2: AFA Rate
XIII. Conclusion

[FR Doc. 2019-15919 Filed 7-31-19; 8:45 am]
 BILLING CODE 3510-DS-P

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