Certain Corrosion Inhibitors From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 12506-12511 [2020-04339]
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Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
at https://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.
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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.
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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
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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.
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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
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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).
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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.
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).
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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
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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
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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.
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.
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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.
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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).
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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
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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.
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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 https://
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.
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Fmt 4703
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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 https://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
https://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).
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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 https://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 https://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
https://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.
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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 https://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 https://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.
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]]>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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\6\ See ``Determination of Industry Support for the Petition''
section, infra.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\7\ See General Issues Supplemental Questionnaire at 3.
\8\ See General Issues Supplement at 2-4 and at Exhibit I-S1.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
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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 https://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 https://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
https://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 https://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
https://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 https://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
