Chlorinated Isocyanurates From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018, 10411-10413 [2020-03598]
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Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Notices
Cora
Dickson, Senior International Trade
Specialist, ITA, at (202) 482–6083.
SUPPLEMENTARY INFORMATION: Global
investment in solar technology and
services (over $100 billion per year
since 2010) has grown exponentially
and is expected to be the dominant new
electricity source for the next several
decades. The United States ranks
second in the world for overall solar
generation capacity. Despite this large
domestic demand for solar, U.S.
manufacturers have difficulty
competing with the massive scale and
unfair trade practices of overseas
suppliers, and the United States has
thus become dependent on imports.
The Department seeks individual
input and views at the March 19, 2020
roundtable regarding the United States
solar PV value chain, including the
following topics:
• National security implications of
solar PV manufacturing in the United
States and its related value chain;
• The current state of upstream
manufacturing for solar PV in the
United States, including solar cells,
silicon wafers, polysilicon, and other
key materials and components of PV
modules;
• Long-range goals and strategic
vision for solar PV innovation in the
United States, including the role of both
federal research and industry’s
collaboration with universities;
• The role of trade policy in
providing a level playing field for U.S.
solar PV manufacturing and its value
chain to scale up and compete with
imports; and
• Incentives that could attract
investment in and strengthen the
competitive position of U.S.
manufacturers of solar PV and its value
chain.
Due to limited space, the event is
closed to press and observers. Industry
participation is limited to 30 qualifying
industry representatives. Officials from
the Department of Energy, Department
of State, and other relevant agencies will
also be invited to participate in the
discussion.
Selection: To attend, participants
should submit the below information to
Cora.Dickson@trade.gov by March 10,
2020. I&A will evaluate registrations
based on the submitted information
(and based on the criteria below) on a
rolling basis until 30 participants have
been selected and inform applicants of
selection decisions.
Applicants are encouraged to send
representatives at a sufficiently senior
level to be knowledgeable about their
organization’s capabilities, interests and
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FOR FURTHER INFORMATION CONTACT:
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challenges in the U.S. solar PV value
chain. Due to space constraints, there is
a limit of one person per organization.
Registrations should include the
following information in their
registration email:
• Name of attendee and short bio.
• Organization and brief organization
description.
• A statement self-certifying how the
organization meets each of the following
criteria:
1. It is not majority owned by a
foreign government entity (or entities).
2. It is an existing manufacturer or
prospective new market entrant, with
products that are or will be produced in
the United States in one or more of the
following segments: Solar-grade
polysilicon, silicon ingots, silicon
wafers, solar cells, and solar modules.
3. In the case of a trade association,
academic or research institution, the
applicant will only be representing
companies during the roundtable that
satisfy each of the criteria above.
Selection will be based on the
following criteria:
• Suitability of the company’s (or in
the case of another organization,
represented companies’ or constituents’)
existing products in the solar PV value
chain.
• Suitability of the company’s (or in
the case of another organization,
represented companies’ or constituents’)
experience in manufacturing in the
United States.
• Suitability of the representative’s
position and biography to be able to
engage in the conversation.
• Ability of the company or
organization to contribute to the
roundtable’s purpose of seeking
individual input and views on the
United States solar PV value chain,
including whether the company or
organization may have conflicting
interests, such that its selection could
hinder the effectiveness of the
roundtable.
Dated: February 18, 2020.
Man Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2020–03543 Filed 2–21–20; 8:45 am]
BILLING CODE 3510–DR–P
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10411
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–898]
Chlorinated Isocyanurates From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that certain
companies covered by this
administrative review made sales of
chlorinated isocyanurates from the
People’s Republic of China (China) at
less than normal value during the
period of review (POR) June 1, 2017
through May 31, 2018.
DATES: Applicable February 24, 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:
AGENCY:
Background
On August 19, 2019, the Department
of Commerce (Commerce) published its
Preliminary Results of the
administrative review of the
antidumping duty order on chlorinated
isocyanurates from the People’s
Republic of China (China).1 The
petitioners in this investigation are Biolab, Inc., Clearon Corp., and Occidental
Chemical Corp. (collectively, the
petitioners). The mandatory
respondents in this administrative
review are Heze Huayi Chemical Co.
Ltd. (Heze Huayi) and Juancheng
Kangtai Chemical Co. Ltd. (Kangtai). We
held a public hearing on January 28,
2020 to address issues raised in the case
and rebuttal briefs.2 A complete
summary of the events that occurred
since publication of the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2017–
2018, 84 FR 42891 (August 19, 2019) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Hearing Transcript, ‘‘Public Hearing in the
Matter of the Antidumping Administrative Review
of Chlorinated Isocyanurates from the People’s
Republic of China,’’ (January 28, 2020).
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10412
Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Notices
Memorandum.3 The Issues and Decision
Memorandum is a public document and
is available 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 to all parties in the
Central Records Unit, Room B–8024 of
the main Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and
Decision Memorandum are identical in
content.
Scope of the Order
The products covered by the order are
chloro isos, which are derivatives of
cyanuric acid, described as chlorinated
s-triazine triones. 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.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of
merchandise subject to the scope is
dispositive. For a full description of the
scope of the order, see Issues and
Decision Memorandum.
Separate Rates
In the Preliminary Results, we found
that evidence provided by Heze Huayi
and Kangtai supported finding an
absence of both de jure and de facto
government control, and, therefore, we
preliminarily granted a separate rate to
each of these companies.4 We received
no information since the issuance of the
Preliminary Results that provides a basis
for reconsidering these determinations
with respect to Heze Huayi and Kangtai.
Therefore, for the final results, we
continue to find that Heze Huayi and
Kangtai are eligible for separate rates.
Analysis of Comments Received
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All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues that parties raised and to which
we responded in the Issues and
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review: Chlorinated
Isocyanurates from China; 2017–2018,’’ issued
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
4 See Preliminary Results PDM at 3–5.
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18:30 Feb 21, 2020
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Decision Memorandum follows as an
appendix to this notice.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made one change to our
margin calculations. Specifically, we
converted the Mexican Global Trade
Atlas (GTA) data from a ‘‘freight-onboard’’ basis to a ‘‘cost of insurance and
freight’’ (CIF) basis. The final dumping
margins for this review are listed below.
Final Results of Administrative Review
The weighted-average dumping
margins for Heze Huayi and Kangtai in
the instant administrative review are as
follows:
the time of liquidation.7 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is zero or de
minimis, Commerce will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.8
Pursuant to Commerce’s assessment
practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, Commerce
will instruct CBP to liquidate such
entries at the China-wide entity rate.
Additionally, if Commerce determines
that an exporter had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
China-wide entity rate.9
Cash Deposit Requirements
The following cash deposit
Exporter
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
Heze Huayi Chemical Co., Ltd ...
76.63 the subject merchandise from China
Juancheng Kangtai Chemical
entered, or withdrawn from warehouse,
Co., Ltd ...................................
116.83
for consumption on or after the
publication date, as provided by section
Assessment Rates
751(a)(2)(C) of the Act: (1) For the
Pursuant to section 751(a)(2)(C) of the exporters listed above, the cash deposit
Tariff Act of 1930, as amended (the Act), rate will be the rate established in the
and 19 CFR 351.212(b), Commerce has
final results of this review (except, if the
determined, and U.S. Customs and
rate is zero or de minimis, a zero cash
Border Protection (CBP) shall assess,
deposit rate will be required for that
antidumping duties on all appropriate
company); (2) for previously
entries of subject merchandise in
investigated or reviewed China and nonChina exporters not listed above that
accordance with the final results of this
have separate rates, the cash deposit rate
review. Commerce intends to issue
will continue to be the existing
appropriate assessment instructions
directly to CBP 15 days after publication producer/exporter-specific rate
of the final results of this administrative published for the most recent period; (3)
for all China exporters of subject
review.
Where the respondent reported
merchandise that have not been found
reliable entered values, we calculated
to be eligible for a separate rate, the cash
deposit rate will be the China-wide rate
importer- (or customer-) specific ad
of 285.63 percent; and (4) for all nonvalorem rates by aggregating the
dumping margins calculated for all U.S. China exporters of subject merchandise
sales to each importer (or customer) and that have not received their own rate,
the cash deposit rate will be the rate
dividing this amount by the total
applicable to the China exporter(s) that
entered value of the sales to each
supplied that non-China exporter. These
importer (or customer).5 Where
deposit requirements, when imposed,
Commerce calculated a weightedaverage dumping margin by dividing the shall remain in effect until further
notice.
total amount of dumping for reviewed
sales to that party by the total sales
Disclosure
quantity associated with those
We intend to disclose the calculations
transactions, Commerce will direct CBP
performed regarding these final results
to assess importer-specific assessment
rates based on the resulting per-unit
7 Id.
rates.6 Where an importer- (or
8 See 19 CFR 351.106(c)(2).
customer-) specific ad valorem or per9 See Non-Market Economy Antidumping
unit rate is greater than de minimis (i.e., Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011). For an explanation on
0.50 percent), Commerce will instruct
the derivation of the China-wide rate, see also
CBP to collect the appropriate duties at
Weightaverage
dumping
margin
(percent)
5 See
19 CFR 351.212(b)(1).
6 Id.
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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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Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Notices
within five days of the date of
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
[FR Doc. 2020–03598 Filed 2–21–20; 8:45 am]
Notification to Importers
BILLING CODE 3510–DS–P
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) 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
has occurred and that subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
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),
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.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(h).
Dated: February 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
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Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Whether a Principal-Agent
Relationship Exists Between Heze Huayi
and Its U.S. Customer
Comment 2: Selection of the Primary
Surrogate Country
Comment 3: Whether Malaysian Trade
Data Monitor Data Is Superior to the
Mexican Global Trade Atlas (GTA) Data
Comment 4: Whether Mexican GTA Import
Data Is Less Preferable Because It Is Not
on a CIF Basis
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18:30 Feb 21, 2020
Comment 5: Whether the Malaysian Data
for Water and Labor Is Superior to the
Mexican Data
VI. Recommendation
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Alaska Region
Pacific Halibut Fisheries: Charter
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995.
DATES: To ensure consideration all
comments must be submitted on or
before April 24, 2020.
ADDRESSES: Direct all written comments
to Adrienne Thomas, PRA Officer,
NOAA, 151 Patton Avenue, Room 159,
Asheville, NC 28801 (or via the internet
at PRAcomments@doc.gov). All
comments received are part of the
public record. Comments will generally
be posted without change. All
Personally Identifiable Information (for
example, name and address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Kurt Iverson, National
Marine Fisheries Service, P.O. Box
21668, Juneau, AK 99802–1668; 907–
586–7228.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
The National Marine Fisheries Service
(NMFS) is requesting revision and
extension of a currently approved
information collection. This information
collection is revised to include the
collection instruments approved under
OMB Control Number 0648–0592, after
which that control number will be
discontinued. This revised collection
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10413
contains permitting, recordkeeping, and
reporting requirements for the guided
sport (charter) halibut fishery and the
title will be slightly altered to ‘‘Alaska
Pacific Halibut Fisheries: Charter.’’
Management of and regulations for
Pacific halibut in Alaska are developed
on the international, Federal, and state
levels by the International Pacific
Halibut Commission (IPHC), the North
Pacific Fishery Management Council,
NMFS Alaska Region, and the State of
Alaska Department of Fish and Game
(ADF&G). The IPHC and NMFS manage
fishing for Pacific halibut through
regulations established under authority
of the Convention between the United
States Halibut Fishery of the Northern
Pacific Ocean and Bering Sea, the
Northern Pacific Halibut Act of 1982, 16
U.S.C. 773, and Section 303(b) of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.). Regulations that
implement this collection-ofinformation are found at 50 CFR 300
subpart E and at 50 CFR 679.5(l)(7).
NMFS manages the charter halibut
fishery in IPHC Regulatory Areas
(Areas) 2C and 3A under the Charter
Halibut Limited Access Program, which
limits the number of operators in the
charter halibut fishery. All vessel
operators in Areas 2C and 3A with
charter anglers on board must have an
original, valid Federal charter halibut
permit (CHP) on board during every
charter vessel fishing trip on which
Pacific halibut are caught and retained.
As the application period to obtain a
CHP (other than a military CHP or
community CHP) ended in 2010, CHPs
may now only be obtained through
transfer. This information collection
contains the application forms used to
annually register CHPs, to apply for new
military CHPs, and to transfer CHPs.
Information collected by these
applications include permit holder
information or applicant information,
and depending on the form, may
include CHP identification, CHP
ownership information and affiliation, a
survey question on the use of the CHP,
and transaction information for transfer
of a CHP.
NMFS manages the charter halibut
sector in Areas 2C and 3A to charter
catch limits established under the
Pacific Halibut Catch Sharing Plan
(CSP). The CSP authorizes annual
transfers of commercial halibut
Individual Fishing Quota (IFQ) as
guided angler fish (GAF) to CHP holders
for harvest in the charter halibut fishery.
GAF offers CHP holders in Area 2C or
Area 3A an opportunity to lease a
limited amount of IFQ from commercial
quota share holders to allow charter
E:\FR\FM\24FEN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Notices]
[Pages 10411-10413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03598]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that certain
companies covered by this administrative review made sales of
chlorinated isocyanurates from the People's Republic of China (China)
at less than normal value during the period of review (POR) June 1,
2017 through May 31, 2018.
DATES: Applicable February 24, 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 August 19, 2019, the Department of Commerce (Commerce) published
its Preliminary Results of the administrative review of the antidumping
duty order on chlorinated isocyanurates from the People's Republic of
China (China).\1\ The petitioners in this investigation are Bio-lab,
Inc., Clearon Corp., and Occidental Chemical Corp. (collectively, the
petitioners). The mandatory respondents in this administrative review
are Heze Huayi Chemical Co. Ltd. (Heze Huayi) and Juancheng Kangtai
Chemical Co. Ltd. (Kangtai). We held a public hearing on January 28,
2020 to address issues raised in the case and rebuttal briefs.\2\ A
complete summary of the events that occurred since publication of the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision
[[Page 10412]]
Memorandum.\3\ The Issues and Decision Memorandum is a public document
and is available 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 to all parties in the Central Records Unit, Room
B-8024 of the main Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2017-2018, 84 FR 42891 (August 19, 2019) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Hearing Transcript, ``Public Hearing in the Matter of
the Antidumping Administrative Review of Chlorinated Isocyanurates
from the People's Republic of China,'' (January 28, 2020).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Chlorinated
Isocyanurates from China; 2017-2018,'' issued concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are chloro isos, which are
derivatives of cyanuric acid, described as chlorinated s-triazine
triones. 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.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of merchandise subject to the scope
is dispositive. For a full description of the scope of the order, see
Issues and Decision Memorandum.
Separate Rates
In the Preliminary Results, we found that evidence provided by Heze
Huayi and Kangtai supported finding an absence of both de jure and de
facto government control, and, therefore, we preliminarily granted a
separate rate to each of these companies.\4\ We received no information
since the issuance of the Preliminary Results that provides a basis for
reconsidering these determinations with respect to Heze Huayi and
Kangtai. Therefore, for the final results, we continue to find that
Heze Huayi and Kangtai are eligible for separate rates.
---------------------------------------------------------------------------
\4\ See Preliminary Results PDM at 3-5.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum follows as an appendix to this notice.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made one
change to our margin calculations. Specifically, we converted the
Mexican Global Trade Atlas (GTA) data from a ``freight-on-board'' basis
to a ``cost of insurance and freight'' (CIF) basis. The final dumping
margins for this review are listed below.
Final Results of Administrative Review
The weighted-average dumping margins for Heze Huayi and Kangtai in
the instant administrative review are as follows:
------------------------------------------------------------------------
Weight-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd................................ 76.63
Juancheng Kangtai Chemical Co., Ltd......................... 116.83
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. Commerce intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this administrative review.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\5\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer-specific assessment rates based on the resulting
per-unit rates.\6\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is greater than de minimis (i.e., 0.50
percent), Commerce will instruct CBP to collect the appropriate duties
at the time of liquidation.\7\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\8\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.212(b)(1).
\6\ Id.
\7\ Id.
\8\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Pursuant to Commerce's assessment practice, for entries that were
not reported in the U.S. sales databases submitted by companies
individually examined during this review, Commerce will instruct CBP to
liquidate such entries at the China-wide entity rate. Additionally, if
Commerce determines that an exporter had no shipments of the subject
merchandise, any suspended entries that entered under that exporter's
case number (i.e., at that exporter's rate) will be liquidated at the
China-wide entity rate.\9\
---------------------------------------------------------------------------
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011). For an
explanation on the derivation of the China-wide rate, see also
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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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the exporters
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 China and non-China
exporters not listed above that have separate rates, the cash deposit
rate will continue to be the existing producer/exporter-specific rate
published for the most recent period; (3) for all China exporters of
subject merchandise that have not been found to be eligible for a
separate rate, the cash deposit rate will be the China-wide rate of
285.63 percent; and (4) for all non-China exporters of subject
merchandise that have not received their own rate, the cash deposit
rate will be the rate applicable to the China exporter(s) that supplied
that non-China exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed regarding these
final results
[[Page 10413]]
within five days of the date of publication of this notice to parties
in this proceeding in accordance with 19 CFR 351.224(b).
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 has occurred and that subsequent assessment of
doubled antidumping duties.
Administrative Protective Orders
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), 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.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.213(h).
Dated: February 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether a Principal-Agent Relationship Exists Between
Heze Huayi and Its U.S. Customer
Comment 2: Selection of the Primary Surrogate Country
Comment 3: Whether Malaysian Trade Data Monitor Data Is Superior
to the Mexican Global Trade Atlas (GTA) Data
Comment 4: Whether Mexican GTA Import Data Is Less Preferable
Because It Is Not on a CIF Basis
Comment 5: Whether the Malaysian Data for Water and Labor Is
Superior to the Mexican Data
VI. Recommendation
[FR Doc. 2020-03598 Filed 2-21-20; 8:45 am]
BILLING CODE 3510-DS-P
