Certain Corrosion Inhibitors From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 12506-12511 [2020-04339]

Download as PDF 12506 Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices at http://enforcement.trade.gov/apo. Parties wishing to participate in this investigation should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing a letter of appearance). This notice is issued and published pursuant to sections 702 and 777(i) of the Act and 19 CFR 351.203(c). Dated: February 25, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. lotter on DSKBCFDHB2PROD with NOTICES Appendix Scope of the Investigation The merchandise covered by this investigation is tolyltriazole and benzotriazole. This includes tolyltriazole and benzotriazole of all grades and forms, including their sodium salt forms. Tolyltriazole is technically known as Tolyltriazole IUPAC 4,5 methyl benzotriazole. It can also be identified as 4, 5 methyl benzotriazole, tolutriazole, TTA, and TTZ. Benzotriazole is technically known as IUPAC 1,2,3-Benzotriazole. It can also be identified as 1,2,3-Benzotriazole, 1,2Aminozophenylene, 1H-Benzotriazole, and BTA. All forms of tolyltriazole and benzotriazole, including but not limited to flakes, granules, pellets, prills, needles, powder, or liquids, are included within the scope of these petitions. The scope includes tolyltriazole/sodium tolyltriazole and benzotriazole/sodium benzotriazole that are combined or mixed with other products. For such combined products, only the tolyltriazole/sodium tolyltriazole and benzotriazole/sodium benzotriazole component is covered by the scope of these investigations. Tolyltriazole and sodium tolyltriazole that have been combined with other products is included within the scope, regardless of whether the combining occurs in third countries. Tolyltriazole, sodium tolyltriazole, benzotriazole and sodium benzotriazole that is otherwise subject to these investigations is not excluded when commingled with tolyltriazole, sodium tolyltriazole, benzotriazole, or sodium benzotriazole from sources not subject to these investigations. Only the subject merchandise component of such commingled products is covered by the scope of these investigations. A combination or mixture is excluded from this investigation if the total tolyltriazole or benzotriazole component of the combination or mixture (regardless of the source or sources) comprises less than 5 percent of the combination or mixture, on a dry weight basis. Notwithstanding the foregoing language, a tolyltriazole or benzotriazole combination or mixture that is transformed through a chemical reaction into another product, such that, for example, the tolyltriazole or benzotriazole can no longer be separated from the other products through a distillation or other process is excluded from this investigation. VerDate Sep<11>2014 17:19 Mar 02, 2020 Jkt 250001 Tolyltriazole has the Chemical Abstracts Service (‘‘CAS’’) registry number 299385–43– 1. Tolyltriazole is classified under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheading 2933.99.82.20. Sodium Tolyltriazole has the CAS registry number 64665–57–2 and is classified under HTSUS subheading 2933.99.82.90. Benzotriazole has the CAS registry number #95–14–7 and is classified under HTSUS subheading 2933.99.82.10. Sodium Benzotriazole has the CAS registry number 15217–42–2. Sodium Benzotriazole is classified under HTSUS subheading 2933.99.82.90. Although the HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive. [FR Doc. 2020–04342 Filed 3–2–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–122] Certain Corrosion Inhibitors From the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable February 25, 2020. FOR FURTHER INFORMATION CONTACT: Lochard Philozin or Nicholas Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4260 or (202) 482–1395, respectively. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On February 5, 2020, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition (Petition) concerning imports of certain corrosion inhibitors (corrosion inhibitors) from the People’s Republic of China (China), filed in proper form on behalf of Wincom Incorporated (the petitioner). The AD Petition was accompanied by a countervailing duty (CVD) Petition concerning imports of corrosion inhibitors from China.1 On February 10 and February 11, 2020, Commerce requested supplemental information pertaining to certain aspects of the Petition.2 The 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Certain Corrosion Inhibitors from China,’’ dated February 5, 2020 (the Petitions). 2 See Commerce’s Letter, ‘‘Petition for the Imposition of Antidumping Duties on Imports of PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 petitioner filed responses to these requests on February 14, 2020.3 On February 21, 2020, Commerce received comments on industry support from SUEZ WTS USA Inc. (Suez), an importer of the subject merchandise.4 The petitioner responded to Suez’s industry support comments on February 24, 2020.5 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of corrosion inhibitors from China are being, or are likely to be, sold in the United States at less-than-fair value (LTFV) within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing corrosion inhibitors in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed this Petition on behalf of the domestic industry, because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested AD investigation.6 Period of Investigation Because China is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), and because the Petition was filed on February 5, 2020, the period of investigation (POI) is July 1, 2019 through December 31, 2019. Certain Corrosion Inhibitors from the People’s Republic of China: Supplemental Questions,’’ dated February 11, 2020 (General Issues Supplemental Questionnaire); see also Commerce’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Corrosion Inhibitors from the People’s Republic of China: Supplemental Questions,’’ dated February 10, 2020. 3 See Petitioner’s Letter, ‘‘Corrosion Inhibitors from the People’s Republic of China: Responses to Supplemental Questions (Volume I),’’ dated February 14, 2020 (General Issues Supplement); see also Petitioner’s Letter, ‘‘Corrosion Inhibitors from the People’s Republic of China: Responses to Supplemental Questions (Volume II),’’ dated February 14, 2020 (AD Supplement). 4 See Suez’s Letter, ‘‘Certain Corrosion Inhibitors from the People’s Republic of China: Industry Support Comments on the Petitions for Antidumping and Countervailing Duties and Request to Poll Industry,’’ dated February 21, 2020. 5 See Petitioner’s Letter, ‘‘Certain Corrosion Inhibitors from the People’s Republic of China: Petitioner’s Response to Comments From SUEZ WTS USA, Inc. Regarding Industry Support,’’ dated February 24, 2020. 6 See ‘‘Determination of Industry Support for the Petition’’ section, infra. E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices Scope of the Investigation Filing Requirements The merchandise covered by this investigation is corrosion inhibitors from China. For a full description of the scope of this investigation, see the Appendix to this notice. All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).12 An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. Comments on Scope of the Investigation lotter on DSKBCFDHB2PROD with NOTICES Commerce requested further information from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.7 As a result, the petitioner modified the scope of the Petition to clarify the description of the merchandise covered by the Petition.8 The description of the merchandise covered by this investigation, as described in the Appendix to this notice, reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).9 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,10 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on March 16, 2020, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on March 26, 2020, which is 10 calendar days from the initial comment deadline.11 Commerce requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must be filed on the record of the concurrent AD and CVD investigations. 7 See General Issues Supplemental Questionnaire at 3. 8 See General Issues Supplement at 2–4 and at Exhibit I–S1. 9 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 11 See 19 CFR 351.303(b). VerDate Sep<11>2014 17:19 Mar 02, 2020 Jkt 250001 Comments on Product Characteristics for AD Questionnaires Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of corrosion inhibitors to be reported in response to Commerce’s AD questionnaire. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors of production (FOPs) accurately, as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they believe are relevant to the development of an accurate list of physical characteristics. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaire, all comments must be filed by 5:00 p.m. Eastern Time (ET) on March 16, 2020, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on March 26, 2020, which is 10 calendar days from the initial comment deadline.13 All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of this AD investigation. 12 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook%20on%20 Electronic%20Filling%20Procedures.pdf. 13 See 19 CFR 351.303(b). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 12507 Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,14 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.15 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to 14 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 15 See E:\FR\FM\03MRN1.SGM 03MRN1 12508 Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation.16 Based on our analysis of the information submitted on the record, we have determined that corrosion inhibitors, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.17 In determining whether the petitioner has standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in the appendix to this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2019, as well as 2019 production of its two toll producers, who also support the Petition.18 The petitioner states that there are no other known producers of corrosion inhibitors in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.19 We relied on data provided by the petitioner for purposes of measuring industry support.20 Our review of the data provided in the Petition, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.21 First, the lotter on DSKBCFDHB2PROD with NOTICES 16 See Volume I of the Petition at 11–14; see also General Issues Supplement at 4–8 and Exhibits I– S2 and I–S3. 17 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Antidumping Duty Investigation Initiation Checklist: Certain Corrosion Inhibitors from the People’s Republic of China (China AD Initiation Checklist) at Attachment II, ‘‘Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Corrosion Inhibitors from the People’s Republic of China’’ (Attachment II), dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Commerce building. 18 See Volume I of the Petition at 3–4, 9, 14, and Exhibits I–12, I–14, and I–15; see also General Issues Supplement at 8–10 and Exhibits I–S4 and I–S8. 19 See Volume I of the Petition at 3–4; see also General Issues Supplement at 8–10 and Exhibits I– S4 and I–S8. 20 See Volume I of the Petition at 3–4 and 9, and Exhibits I–12, I–14, and I–15; see also General Issues Supplement at 8–10 and Exhibits I–S4 and I–S8. For further discussion, see China AD Initiation Checklist at Attachment II. 21 See Volume I of the Petition at 3–4 and 9, and Exhibits I–12, I–14, and I–15; see also General Issues Supplement at 8–10 and Exhibits I–S4 and I–S8. For further discussion, see China AD Initiation Checklist at Attachment II. VerDate Sep<11>2014 17:19 Mar 02, 2020 Jkt 250001 Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).22 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.23 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.24 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.25 Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.26 The petitioner contends that the industry’s injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression or suppression; lost sales and revenues; a decline in the domestic industry’s financial performance; decline in production, capacity utilization, U.S. shipments, and net sales quantities; and a decline in the industry’s employee indicators, e.g., the average number of employees, their hours worked, and total wages paid.27 We have assessed the allegations 22 See section 732(c)(4)(D) of the Act; see also China AD Initiation Checklist, at Attachment II. 23 See China AD Initiation Checklist at Attachment II. 24 Id. 25 Id. 26 See Volume I of the Petitions at 17 and Exhibit I–11. 27 See Volume I of the Petitions at 14–25 and Exhibits I–5, I–7 through I–15; see also General Issues Supplement at 10–13, and Exhibits I–S5, I– S6, and I–S7. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.28 Allegations of Sales at Less Than Fair Value The following is a description of the allegation of sales at LTFV upon which Commerce based its decision to initiate an AD investigation of imports of corrosion inhibitors from China. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the AD Initiation Checklist. Export Price The petitioner based export price (EP) on two sources. First, the petitioner based EP on the average unit value (AUV) of corrosion inhibitors imports from China during the POI, calculated using data from the ITC’s Dataweb.29 Second, the petitioner also based EP on two transaction-specific AUVs for Gold Chemical Ltd. and Nanjing Trust Chemical Co. Ltd. for shipments of tolyltriazole (TTA) identified from China during the POI.30 In order to calculate ex-factory U.S. prices, where appropriate, the petitioner made deductions from U.S. prices for foreign inland freight and foreign brokerage and handling.31 Normal Value Commerce considers China to be an NME country.32 In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. Therefore, 28 See China AD Initiation Checklist at Attachment III, ‘‘Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Corrosion Inhibitors from the People’s Republic of China’’ (Attachment III). 29 See Volume II of the Petition at Exhibit II–3A; see also General Issues Questionnaire at 8 and Exhibit I–S3. 30 See Volume II of the Petition at Exhibits II–7A through II–8B; see also AD Supplement at Exhibit II–S1. 31 See Volume II of the Petition at 5–6 and Exhibit II–4. 32 See Antidumping Duty Investigation of Certain Aluminum Foil from the People’s Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017), and accompanying decision memorandum, China’s Status as a Non-Market Economy, unchanged in Certain Aluminum Foil from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018). E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices we continue to treat China as an NME country for purposes of the initiation of this investigation. Accordingly, NV in China is appropriately based on FOPs valued in a surrogate market economy country, in accordance with section 773(c) of the Act.33 The petitioner claims that Malaysia is an appropriate surrogate country for China because it is a market economy country that is at a level of economic development comparable to that of China and it is a significant producer of comparable merchandise.34 The petitioner provided publicly available information from Malaysia to value all FOPs. Based on the information provided by the petitioner, we determine that it is appropriate to use Malaysia as a surrogate country for initiation purposes. Interested parties will have the opportunity to submit comments regarding surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value FOPs within 30 days before the scheduled date of the preliminary determination. Factors of Production Because information regarding the volume of inputs consumed by Chinese producers/exporters was not reasonably available, the petitioner used its own product-specific consumption rates as a surrogate to estimate Chinese manufacturers’ FOPs.35 The petitioner valued the estimated FOPs using surrogate values from Malaysia.36 The petitioner calculated factory overhead, selling, general and administrative expenses, and profit based on the experience of a Malaysian producer of anti-corrosion and anti-wear inhibitors in engine oils.37 Fair Value Comparisons Based on the data provided in the Petition, there is reason to believe that imports of corrosion inhibitors from China are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV, in accordance with sections 772 and 773 of the Act, the estimated dumping margins for lotter on DSKBCFDHB2PROD with NOTICES 33 See 34 See AD Initiation Checklist. Volume II of the Petition at 2–4 and Exhibit II–1. 35 See Volume II of the Petition at 7 and Exhibit II–9G; see also AD Supplement at 3–4. 36 See Volume II of the Petition at 7 and Exhibits II–5A–B, II–9C–F, and II–10A–11A; see also AD Supplement at 2–3. 37 See Volume II of the Petition at 4, 9, and Exhibit II–11A–C. VerDate Sep<11>2014 17:19 Mar 02, 2020 Jkt 250001 corrosion inhibitors from China range from 384.97 percent to 420.32 percent.38 Initiation of LTFV Investigation Based upon the examination of the Petition on corrosion inhibitors from China, we find that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of corrosion inhibitors from China are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation. Respondent Selection The petitioner named nine companies in China as producers/exporters of corrosion inhibitors.39 In AD investigations involving NME countries, Commerce selects respondents based on quantity and value (Q&V) questionnaires in cases where it has determined that the number of companies is large and it cannot individually examine each company based upon its resources. Given that there are nine producers and exporters identified in the Petition, Commerce has determined that it will issue Q&V questionnaires to each potential respondent for which the petitioner had provided a complete address. In addition, Commerce will post the Q&V questionnaire along with filing instructions on Enforcement and Compliance’s website at http:// www.trade.gov/enforcement/news.asp. In accordance with the standard practice for respondent selection in AD cases involving NME countries, Commerce intends to base respondent selection on the responses to the Q&V questionnaire that it receives. Responses to the Q&V questionnaire must be submitted by the relevant Chinese producers/exporters no later than 5:00 p.m. ET on March 11, 2020. All Q&V questionnaire responses must be filed electronically via ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted above. Commerce intends to finalize its decisions regarding respondent selection within 20 days of publication of this notice. Separate Rates In order to obtain separate-rate status in an NME investigation, exporters and 38 See AD Initiation Checklist; see also General Issues Supplement at Exhibit II–S2. 39 See Volume I of the Petition at Exhibit I–5. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 12509 producers must submit a separate-rate application.40 The specific requirements for submitting a separate-rate application in a China investigation are outlined in detail in the application itself, which is available on Commerce’s website at http://enforcement.trade.gov/ nme/nme-sep-rate.html. The separaterate application will be due 30 days after publication of this initiation notice.41 Exporters and producers who submit a separate-rate application and have been selected as mandatory respondents will be eligible for consideration for separate-rate status only if they respond to all parts of Commerce’s AD questionnaire as mandatory respondents. Commerce requires that companies from China submit a response to both the Q&V questionnaire and the separate-rate application by the respective deadlines in order to receive consideration for separate-rate status. Companies not filing a timely Q&V questionnaire response will not receive separate rate consideration. Use of Combination Rates Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states: {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME Investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of ‘‘combination rates’’ because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.42 40 See Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving Non-Market Economy Countries (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1). 41 Although in past investigations this deadline was 60 days, consistent with 19 CFR 351.301(a), which states that ‘‘the Secretary may request any person to submit factual information at any time during a proceeding,’’ this deadline is now 30 days. 42 See Policy Bulletin 05.1 at 6 (emphasis added). E:\FR\FM\03MRN1.SGM 03MRN1 12510 Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices Distribution of Copies of the Petition In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the Government of China via ACCESS. Furthermore, to the extent practicable, Commerce will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification Commerce will notify the ITC of its initiation, as required by section 732(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of corrosion inhibitors from China are materially injuring or threatening material injury to a U.S. industry.43 A negative ITC determination will result in the investigation being terminated.44 Otherwise, this investigation will proceed according to statutory and regulatory time limits. lotter on DSKBCFDHB2PROD with NOTICES Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Any party, when submitting factual information, must specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 45 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.46 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Parties wishing to submit factual information in this investigation are asked to review the regulations prior 43 See section 733(a) of the Act. 44 Id. 45 See 46 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). VerDate Sep<11>2014 17:19 Mar 02, 2020 Jkt 250001 to submitting factual information in this investigation. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, standalone submission; under limited circumstances Commerce will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201322853.htm, prior to submitting extension requests or factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.47 Parties must use the certification formats provided in 19 CFR 351.303(g).48 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on the Commerce website at http://enforcement.trade.gov/apo. Parties wishing to participate in this 47 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 48 See PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 investigation should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing a letter of appearance). This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: February 25, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation The merchandise covered by this investigation is tolyltriazole and benzotriazole. This includes tolyltriazole and benzotriazole of all grades and forms, including their sodium salt forms. Tolyltriazole is technically known as Tolyltriazole IUPAC 4,5 methyl benzotriazole. It can also be identified as 4,5 methyl benzotriazole, tolutriazole, TTA, and TTZ. Benzotriazole is technically known as IUPAC 1,2,3-Benzotriazole. It can also be identified as 1,2,3-Benzotriazole, 1,2Aminozophenylene, lH-Benzotriazole, and BTA. All forms of tolyltriazole and benzotriazole, including but not limited to flakes, granules, pellets, prills, needles, powder, or liquids, are included within the scope of this investigation. The scope includes tolyltriazole/sodium tolyltriazole and benzotriazole/sodium benzotriazole that are combined or mixed with other products. For such combined products, only the tolyltriazole/sodium tolyltriazole and benzotriazole/sodium benzotriazole component is covered by the scope of this investigation. Tolyltriazole and sodium tolyltriazole that have been combined with other products is included within the scope, regardless of whether the combining occurs in third countries. Tolyltriazole, sodium tolyltriazole, benzotriazole and sodium benzotriazole that is otherwise subject to this investigation is not excluded when commingled with tolyltriazole, sodium tolyltriazole, benzotriazole, or sodium benzotriazole from sources not subject to this investigation. Only the subject merchandise component of such commingled products is covered by the scope of this investigation. A combination or mixture is excluded from this investigation if the total tolyltriazole or benzotriazole component of the combination or mixture (regardless of the source or sources) comprises less than 5 percent of the combination or mixture, on a dry weight basis. Notwithstanding the foregoing language, a tolyltriazole or benzotriazole combination or mixture that is transformed through a chemical reaction into another product, such that, for example, the tolyltriazole or benzotriazole can no longer be separated from the other products through a distillation or other process is excluded from this investigation. Tolyltriazole has the Chemical Abstracts Service (CAS) registry number 299385–43–1. E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices Tolyltriazole is classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2933.99.8220. Sodium Tolyltriazole has the CAS registry number 64665–57–2 and is classified under HTSUS subheading 2933.99.8290. Benzotriazole has the CAS registry number 95–14–7 and is classified under HTSUS subheading 2933.99.8210. Sodium Benzotriazole has the CAS registry number 15217–42–2. Sodium Benzotriazole is classified under HTSUS subheading 2933.99.8290. Although the HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. [FR Doc. 2020–04339 Filed 3–2–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–028] Hydrofluorocarbon Blends From the People’s Republic of China: Scope Ruling on Unpatented R–421A; Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order for Unpatented R–421A; and Extension of Time Limit for Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that imports of unpatented R–421A from the People’s Republic of China (China) are circumventing the antidumping duty (AD) order on HFC blends from China. As a result, imports of blends of unpatented R–421A from China will be subject to suspension of liquidation effective June 18, 2019. We invite interested parties to comment on this preliminary determination. DATES: Applicable March 3, 2020. FOR FURTHER INFORMATION CONTACT: Andrew Medley or Manuel Rey, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4987 or (202) 482–3342, respectively. AGENCY: lotter on DSKBCFDHB2PROD with NOTICES SUPPLEMENTARY INFORMATION: Background On June 18, 2019, Commerce initiated an anti-circumvention inquiry to determine whether blends of unpatented R–421A from China, that are further processed into finished HFC VerDate Sep<11>2014 17:19 Mar 02, 2020 Jkt 250001 blends in the United States,1 are circumventing the Order on HFC blends from China.2 Additionally, in our Notice of Initiation, we stated that, as part of this anti-circumvention inquiry,3 we would also address both a covered merchandise referral from U.S. Customs and Border Protection (CBP),4 and a scope inquiry filed by Choice Refrigerants under 19 CFR.225(c).5 As part of this preliminary determination, we also have made a final scope finding. With respect to the covered merchandise referral, we will inform CBP of our findings at the conclusion of this anti-circumvention proceeding. For a complete description of the events that followed the initiation of this inquiry, see the Preliminary Decision Memorandum.6 Scope of the Order The products subject to this order are HFC blends. HFC blends covered by the scope are R–404A, R–407A, R–407C, R– 410A, and R–507A.7 HFC blends covered by the scope of the Order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. Merchandise Subject to the AntiCircumvention Inquiry This anti-circumvention inquiry covers imports of unpatented R–421A, a blend of HFC components R–125 (also known as Pentafluoroethane) and R– 134a (also known as 1,1,1,2Tetrafluoroethane), from China that are further processed in the United States to 1 See Hydrofluorocarbon Blends from the People’s Republic of China: Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order; Unpatented R– 421A, 84 FR 28281 (June 18, 2019) (Notice of Initiation). 2 See Hydrofluorocarbon Blends from the People’s Republic of China: Antidumping Duty Order, 81 FR 55436 (October 16, 2017) (Order). 3 See Notice of Initiation, 84 FR 28281, 28283–84. 4 See Hydrofluorocarbon Blends from the People’s Republic of China: Notice of Covered Merchandise Referral, 83 FR 9277 (March 5, 2018). 5 See Choice Refrigerants’ Letter, ‘‘Application for Scope Ruling on Exclusion of Patented HFC Blends from Antidumping Duty Order A–570–028: Hydrofluorocarbon Blends and Components Thereof from the People’s Republic of China,’’ dated November 30, 2017. 6 See Memorandum, ‘‘Decision Memorandum for Preliminary Decision Memorandum for Scope Ruling and Anti-Circumvention Inquiry of the Antidumping Duty Order on Hydrofluorocarbon Blends from the People’s Republic of China; Unpatented R–421A’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 7 For a complete description of the scope of the order, see Preliminary Decision Memorandum. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 12511 create an HFC blend that would be subject to the Order.8 Methodology Commerce made this preliminary finding of circumvention in accordance with section 781(a) of the Tariff Act of 1930, as amended (Act) and 19 CFR 351.225(g). We relied on information placed on the record by the American HFC Coalition (the petitioners) and information placed on the record by LM Supply Inc. and Cool Master USA, LLC, the importers of the merchandise in question, and their affiliated blenders, BMP USA Inc. (BMP USA) and IGas USA, Inc. Further, because certain interested parties did not cooperate to the best of their abilities in responding to Commerce’s requests for information, we have based parts of our preliminary determination on the facts available, with adverse inferences, pursuant to sections 776(a) and (b) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached at the Appendix to this notice. Scope Ruling and Affirmative Preliminary Determination of Circumvention As detailed in the Preliminary Decision Memorandum, we determine, pursuant to 19 CFR 351.225(k), that because the scope only covers five HFC blends, and unpatented R–421A is not one of the five blends, that consequently, unpatented R–421A is not covered by the scope of the Order within the meaning of 19 CFR 8 The scope of the order explicitly excludes Choice® R–421A (also referred to as ‘‘patented R– 421A’’). The scope also only covers five HFC blends; R–421A is not one of the covered blends. Patented R–421A is a blend of 58 percent R–125, and 42 percent R–134a, with a lubricant added to it. The patent holder for R–421A is Choice Refrigerants. E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12506-12511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04339]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-122]


Certain Corrosion Inhibitors From the People's Republic of China: 
Initiation of Less-Than-Fair-Value Investigation

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


DATES: Applicable February 25, 2020.

FOR FURTHER INFORMATION CONTACT: Lochard Philozin or Nicholas 
Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4260 
or (202) 482-1395, respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On February 5, 2020, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition (Petition) concerning 
imports of certain corrosion inhibitors (corrosion inhibitors) from the 
People's Republic of China (China), filed in proper form on behalf of 
Wincom Incorporated (the petitioner). The AD Petition was accompanied 
by a countervailing duty (CVD) Petition concerning imports of corrosion 
inhibitors from China.\1\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Certain Corrosion 
Inhibitors from China,'' dated February 5, 2020 (the Petitions).
---------------------------------------------------------------------------

    On February 10 and February 11, 2020, Commerce requested 
supplemental information pertaining to certain aspects of the 
Petition.\2\ The petitioner filed responses to these requests on 
February 14, 2020.\3\ On February 21, 2020, Commerce received comments 
on industry support from SUEZ WTS USA Inc. (Suez), an importer of the 
subject merchandise.\4\ The petitioner responded to Suez's industry 
support comments on February 24, 2020.\5\
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    \2\ See Commerce's Letter, ``Petition for the Imposition of 
Antidumping Duties on Imports of Certain Corrosion Inhibitors from 
the People's Republic of China: Supplemental Questions,'' dated 
February 11, 2020 (General Issues Supplemental Questionnaire); see 
also Commerce's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain 
Corrosion Inhibitors from the People's Republic of China: 
Supplemental Questions,'' dated February 10, 2020.
    \3\ See Petitioner's Letter, ``Corrosion Inhibitors from the 
People's Republic of China: Responses to Supplemental Questions 
(Volume I),'' dated February 14, 2020 (General Issues Supplement); 
see also Petitioner's Letter, ``Corrosion Inhibitors from the 
People's Republic of China: Responses to Supplemental Questions 
(Volume II),'' dated February 14, 2020 (AD Supplement).
    \4\ See Suez's Letter, ``Certain Corrosion Inhibitors from the 
People's Republic of China: Industry Support Comments on the 
Petitions for Antidumping and Countervailing Duties and Request to 
Poll Industry,'' dated February 21, 2020.
    \5\ See Petitioner's Letter, ``Certain Corrosion Inhibitors from 
the People's Republic of China: Petitioner's Response to Comments 
From SUEZ WTS USA, Inc. Regarding Industry Support,'' dated February 
24, 2020.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of corrosion 
inhibitors from China are being, or are likely to be, sold in the 
United States at less-than-fair value (LTFV) within the meaning of 
section 731 of the Act, and that such imports are materially injuring, 
or threatening material injury to, the domestic industry producing 
corrosion inhibitors in the United States. Consistent with section 
732(b)(1) of the Act, the Petition is accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed this Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support with respect to 
the initiation of the requested AD investigation.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), and because the Petition was filed on February 5, 
2020, the period of investigation (POI) is July 1, 2019 through 
December 31, 2019.

[[Page 12507]]

Scope of the Investigation

    The merchandise covered by this investigation is corrosion 
inhibitors from China. For a full description of the scope of this 
investigation, see the Appendix to this notice.

Comments on Scope of the Investigation

    Commerce requested further information from the petitioner 
regarding the proposed scope to ensure that the scope language in the 
Petition is an accurate reflection of the products for which the 
domestic industry is seeking relief.\7\ As a result, the petitioner 
modified the scope of the Petition to clarify the description of the 
merchandise covered by the Petition.\8\ The description of the 
merchandise covered by this investigation, as described in the Appendix 
to this notice, reflects these clarifications.
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    \7\ See General Issues Supplemental Questionnaire at 3.
    \8\ See General Issues Supplement at 2-4 and at Exhibit I-S1.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on March 16, 2020, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on March 26, 2020, which is 
10 calendar days from the initial comment deadline.\11\
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    \9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must be filed on 
the record of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\12\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for AD Questionnaires

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of corrosion inhibitors to 
be reported in response to Commerce's AD questionnaire. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors of 
production (FOPs) accurately, as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they believe are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaire, all 
comments must be filed by 5:00 p.m. Eastern Time (ET) on March 16, 
2020, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments, which may include factual information, must be 
filed by 5:00 p.m. ET on March 26, 2020, which is 10 calendar days from 
the initial comment deadline.\13\ All comments and submissions to 
Commerce must be filed electronically using ACCESS, as explained above, 
on the record of this AD investigation.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to

[[Page 12508]]

be investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\16\ Based on our analysis of the information 
submitted on the record, we have determined that corrosion inhibitors, 
as defined in the scope, constitute a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\17\
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    \16\ See Volume I of the Petition at 11-14; see also General 
Issues Supplement at 4-8 and Exhibits I-S2 and I-S3.
    \17\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Antidumping Duty Investigation Initiation Checklist: Certain 
Corrosion Inhibitors from the People's Republic of China (China AD 
Initiation Checklist) at Attachment II, ``Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Certain Corrosion Inhibitors from the People's Republic of 
China'' (Attachment II), dated concurrently with this notice and on 
file electronically via ACCESS. Access to documents filed via ACCESS 
is also available in the Central Records Unit, Room B8024 of the 
main Commerce building.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2019, as well as 2019 
production of its two toll producers, who also support the 
Petition.\18\ The petitioner states that there are no other known 
producers of corrosion inhibitors in the United States; therefore, the 
Petition is supported by 100 percent of the U.S. industry.\19\ We 
relied on data provided by the petitioner for purposes of measuring 
industry support.\20\
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    \18\ See Volume I of the Petition at 3-4, 9, 14, and Exhibits I-
12, I-14, and I-15; see also General Issues Supplement at 8-10 and 
Exhibits I-S4 and I-S8.
    \19\ See Volume I of the Petition at 3-4; see also General 
Issues Supplement at 8-10 and Exhibits I-S4 and I-S8.
    \20\ See Volume I of the Petition at 3-4 and 9, and Exhibits I-
12, I-14, and I-15; see also General Issues Supplement at 8-10 and 
Exhibits I-S4 and I-S8. For further discussion, see China AD 
Initiation Checklist at Attachment II.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\21\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\22\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\23\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\24\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\25\
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    \21\ See Volume I of the Petition at 3-4 and 9, and Exhibits I-
12, I-14, and I-15; see also General Issues Supplement at 8-10 and 
Exhibits I-S4 and I-S8. For further discussion, see China AD 
Initiation Checklist at Attachment II.
    \22\ See section 732(c)(4)(D) of the Act; see also China AD 
Initiation Checklist, at Attachment II.
    \23\ See China AD Initiation Checklist at Attachment II.
    \24\ Id.
    \25\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\26\
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    \26\ See Volume I of the Petitions at 17 and Exhibit I-11.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; a decline in the domestic industry's financial 
performance; decline in production, capacity utilization, U.S. 
shipments, and net sales quantities; and a decline in the industry's 
employee indicators, e.g., the average number of employees, their hours 
worked, and total wages paid.\27\ We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, causation, as well as negligibility, and we have determined 
that these allegations are properly supported by adequate evidence, and 
meet the statutory requirements for initiation.\28\
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    \27\ See Volume I of the Petitions at 14-25 and Exhibits I-5, I-
7 through I-15; see also General Issues Supplement at 10-13, and 
Exhibits I-S5, I-S6, and I-S7.
    \28\ See China AD Initiation Checklist at Attachment III, 
``Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Corrosion Inhibitors from the People's Republic of 
China'' (Attachment III).
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at LTFV 
upon which Commerce based its decision to initiate an AD investigation 
of imports of corrosion inhibitors from China. The sources of data for 
the deductions and adjustments relating to U.S. price and normal value 
(NV) are discussed in greater detail in the AD Initiation Checklist.

Export Price

    The petitioner based export price (EP) on two sources. First, the 
petitioner based EP on the average unit value (AUV) of corrosion 
inhibitors imports from China during the POI, calculated using data 
from the ITC's Dataweb.\29\ Second, the petitioner also based EP on two 
transaction-specific AUVs for Gold Chemical Ltd. and Nanjing Trust 
Chemical Co. Ltd. for shipments of tolyltriazole (TTA) identified from 
China during the POI.\30\ In order to calculate ex-factory U.S. prices, 
where appropriate, the petitioner made deductions from U.S. prices for 
foreign inland freight and foreign brokerage and handling.\31\
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    \29\ See Volume II of the Petition at Exhibit II-3A; see also 
General Issues Questionnaire at 8 and Exhibit I-S3.
    \30\ See Volume II of the Petition at Exhibits II-7A through II-
8B; see also AD Supplement at Exhibit II-S1.
    \31\ See Volume II of the Petition at 5-6 and Exhibit II-4.
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Normal Value

    Commerce considers China to be an NME country.\32\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore,

[[Page 12509]]

we continue to treat China as an NME country for purposes of the 
initiation of this investigation. Accordingly, NV in China is 
appropriately based on FOPs valued in a surrogate market economy 
country, in accordance with section 773(c) of the Act.\33\
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    \32\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and 
accompanying decision memorandum, China's Status as a Non-Market 
Economy, unchanged in Certain Aluminum Foil from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 83 FR 9282 (March 5, 2018).
    \33\ See AD Initiation Checklist.
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    The petitioner claims that Malaysia is an appropriate surrogate 
country for China because it is a market economy country that is at a 
level of economic development comparable to that of China and it is a 
significant producer of comparable merchandise.\34\ The petitioner 
provided publicly available information from Malaysia to value all 
FOPs. Based on the information provided by the petitioner, we determine 
that it is appropriate to use Malaysia as a surrogate country for 
initiation purposes.
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    \34\ See Volume II of the Petition at 2-4 and Exhibit II-1.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters was not reasonably available, the 
petitioner used its own product-specific consumption rates as a 
surrogate to estimate Chinese manufacturers' FOPs.\35\ The petitioner 
valued the estimated FOPs using surrogate values from Malaysia.\36\ The 
petitioner calculated factory overhead, selling, general and 
administrative expenses, and profit based on the experience of a 
Malaysian producer of anti-corrosion and anti-wear inhibitors in engine 
oils.\37\
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    \35\ See Volume II of the Petition at 7 and Exhibit II-9G; see 
also AD Supplement at 3-4.
    \36\ See Volume II of the Petition at 7 and Exhibits II-5A-B, 
II-9C-F, and II-10A-11A; see also AD Supplement at 2-3.
    \37\ See Volume II of the Petition at 4, 9, and Exhibit II-11A-
C.
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Fair Value Comparisons

    Based on the data provided in the Petition, there is reason to 
believe that imports of corrosion inhibitors from China are being, or 
are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV, in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for corrosion inhibitors from China 
range from 384.97 percent to 420.32 percent.\38\
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    \38\ See AD Initiation Checklist; see also General Issues 
Supplement at Exhibit II-S2.
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Initiation of LTFV Investigation

    Based upon the examination of the Petition on corrosion inhibitors 
from China, we find that the Petition meets the requirements of section 
732 of the Act. Therefore, we are initiating an AD investigation to 
determine whether imports of corrosion inhibitors from China are being, 
or are likely to be, sold in the United States at LTFV. In accordance 
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 140 
days after the date of this initiation.

Respondent Selection

    The petitioner named nine companies in China as producers/exporters 
of corrosion inhibitors.\39\ In AD investigations involving NME 
countries, Commerce selects respondents based on quantity and value 
(Q&V) questionnaires in cases where it has determined that the number 
of companies is large and it cannot individually examine each company 
based upon its resources. Given that there are nine producers and 
exporters identified in the Petition, Commerce has determined that it 
will issue Q&V questionnaires to each potential respondent for which 
the petitioner had provided a complete address.
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    \39\ See Volume I of the Petition at Exhibit I-5.
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    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on Enforcement and Compliance's website at http://www.trade.gov/enforcement/news.asp. In accordance with the standard 
practice for respondent selection in AD cases involving NME countries, 
Commerce intends to base respondent selection on the responses to the 
Q&V questionnaire that it receives.
    Responses to the Q&V questionnaire must be submitted by the 
relevant Chinese producers/exporters no later than 5:00 p.m. ET on 
March 11, 2020. All Q&V questionnaire responses must be filed 
electronically via ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above. Commerce intends to finalize its 
decisions regarding respondent selection within 20 days of publication 
of this notice.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\40\ 
The specific requirements for submitting a separate-rate application in 
a China investigation are outlined in detail in the application itself, 
which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate 
application will be due 30 days after publication of this initiation 
notice.\41\ Exporters and producers who submit a separate-rate 
application and have been selected as mandatory respondents will be 
eligible for consideration for separate-rate status only if they 
respond to all parts of Commerce's AD questionnaire as mandatory 
respondents. Commerce requires that companies from China submit a 
response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V questionnaire response will not receive separate rate 
consideration.
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    \40\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \41\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\42\
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    \42\ See Policy Bulletin 05.1 at 6 (emphasis added).

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[[Page 12510]]

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the Government of China via ACCESS.
    Furthermore, to the extent practicable, Commerce will attempt to 
provide a copy of the public version of the Petition to each exporter 
named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of corrosion inhibitors from China are 
materially injuring or threatening material injury to a U.S. 
industry.\43\ A negative ITC determination will result in the 
investigation being terminated.\44\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \43\ See section 733(a) of the Act.
    \44\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Any party, when submitting factual 
information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted \45\ and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\46\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties wishing to submit factual 
information in this investigation are asked to review the regulations 
prior to submitting factual information in this investigation.
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    \45\ See 19 CFR 351.301(b).
    \46\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, standalone submission; under limited circumstances Commerce 
will grant untimely-filed requests for the extension of time limits. 
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests 
or factual information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\47\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\48\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \47\ See section 782(b) of the Act.
    \48\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Instructions for filing such 
applications may be found on the Commerce website at http://enforcement.trade.gov/apo. Parties wishing to participate in this 
investigation should ensure that they meet the requirements of 19 CFR 
351.103(d) (e.g., by filing a letter of appearance).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: February 25, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation is tolyltriazole 
and benzotriazole. This includes tolyltriazole and benzotriazole of 
all grades and forms, including their sodium salt forms. 
Tolyltriazole is technically known as Tolyltriazole IUPAC 4,5 methyl 
benzotriazole. It can also be identified as 4,5 methyl 
benzotriazole, tolutriazole, TTA, and TTZ.
    Benzotriazole is technically known as IUPAC 1,2,3-Benzotriazole. 
It can also be identified as 1,2,3-Benzotriazole, 1,2-
Aminozophenylene, lH-Benzotriazole, and BTA.
    All forms of tolyltriazole and benzotriazole, including but not 
limited to flakes, granules, pellets, prills, needles, powder, or 
liquids, are included within the scope of this investigation.
    The scope includes tolyltriazole/sodium tolyltriazole and 
benzotriazole/sodium benzotriazole that are combined or mixed with 
other products. For such combined products, only the tolyltriazole/
sodium tolyltriazole and benzotriazole/sodium benzotriazole 
component is covered by the scope of this investigation. 
Tolyltriazole and sodium tolyltriazole that have been combined with 
other products is included within the scope, regardless of whether 
the combining occurs in third countries.
    Tolyltriazole, sodium tolyltriazole, benzotriazole and sodium 
benzotriazole that is otherwise subject to this investigation is not 
excluded when commingled with tolyltriazole, sodium tolyltriazole, 
benzotriazole, or sodium benzotriazole from sources not subject to 
this investigation. Only the subject merchandise component of such 
commingled products is covered by the scope of this investigation.
    A combination or mixture is excluded from this investigation if 
the total tolyltriazole or benzotriazole component of the 
combination or mixture (regardless of the source or sources) 
comprises less than 5 percent of the combination or mixture, on a 
dry weight basis.
    Notwithstanding the foregoing language, a tolyltriazole or 
benzotriazole combination or mixture that is transformed through a 
chemical reaction into another product, such that, for example, the 
tolyltriazole or benzotriazole can no longer be separated from the 
other products through a distillation or other process is excluded 
from this investigation.
    Tolyltriazole has the Chemical Abstracts Service (CAS) registry 
number 299385-43-1.

[[Page 12511]]

Tolyltriazole is classified under Harmonized Tariff Schedule of the 
United States (HTSUS) subheading 2933.99.8220.
    Sodium Tolyltriazole has the CAS registry number 64665-57-2 and 
is classified under HTSUS subheading 2933.99.8290.
    Benzotriazole has the CAS registry number 95-14-7 and is 
classified under HTSUS subheading 2933.99.8210.
    Sodium Benzotriazole has the CAS registry number 15217-42-2. 
Sodium Benzotriazole is classified under HTSUS subheading 
2933.99.8290.
    Although the HTSUS subheadings and CAS registry numbers are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

[FR Doc. 2020-04339 Filed 3-2-20; 8:45 am]
 BILLING CODE 3510-DS-P