Certain Corrosion Inhibitors from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 41960-41962 [2020-15053]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 41960 Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices knowledge’’ refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have direct personal knowledge of the producer’s identity and location. (C) The corrosion resistant steel products produced in the United Arab Emirates and covered by this certification were not manufactured using hot-rolled steel and/or cold-rolled steel substrate produced in China. (D) This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. (repeat this block as many times as necessary): Foreign Seller’s Invoice # to U.S. Customer: Foreign Seller’s Invoice to U.S. Customer Line item #: Producer Name: Producer’s Address: Producer’s Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) (E) The corrosion resistant steel products covered by this certification were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. (F) I understand that {NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, production records, invoices, etc.) for the later of: (1) A period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries. (G) I understand that {NAME OF EXPORTING COMPANY} must provide a copy of this Exporter Certification to the U.S. importer by the date of shipment; (H) I understand that {NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce). (I) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. (J) I understand that failure to maintain the required certification, and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping/countervailing duty order on corrosion resistant steel products from China. I understand that such finding will result in: (i) suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and (ii) the requirement that the importer post applicable antidumping duty and/or countervailing duty cash deposits (as appropriate) equal to the rates as determined by Commerce; and VerDate Sep<11>2014 20:25 Jul 10, 2020 Jkt 250001 (iii) the revocation of {NAME OF EXPORTING COMPANY}’s privilege to certify future exports of corrosion resistant steel products from the United Arab Emirates as not manufactured using hot-rolled steel and/or cold-rolled steel substrate from China. (K) This certification was completed at or prior to the date of shipment. (L) I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature llllllllllllllll lllllllllllllllllllll NAME OF COMPANY OFFICIAL TITLE DATE [FR Doc. 2020–15078 Filed 7–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–123] Certain Corrosion Inhibitors from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain corrosion inhibitors from the People’s Republic of China (China). The period of investigation (POI) is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination DATES: Applicable July 13, 2020. FOR FURTHER INFORMATION CONTACT: Theodore Pearson 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) 482–2631 or (202) 482–1395, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 703(b) of the Trade Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on March 3, 2020.1 On April 1, 2020, 1 See Certain Corrosion Inhibitors from the People’s Republic of China: Initiation of PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Commerce postponed the preliminary determination of this investigation, and the revised deadline is now July 6, 2020.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. 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. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are certain corrosion inhibitors from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 No parties provided comment on the scope of the investigation. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that one Countervailing Duty Investigation, 85 FR 12502 (March 3, 2020) (Initiation Notice). 2 See Certain Corrosion Inhibitors from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 85 FR 19455 (April 7, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Corrosion Inhibitors from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\13JYN1.SGM 13JYN1 Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.7 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of certain corrosion inhibitors from China based on a request made by Wincom Incorporated (the petitioner).8 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than November 26, 2020, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. The rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any rates that are zero, de minimis, or rates based entirely under section 776 of the Act. In this investigation, as discussed in the Preliminary Decision Memorandum, Commerce calculated individual estimated countervailable subsidy rates for Jiangyin Delian Chemical Co., Ltd. (Delian) and Nantong Botao Chemical Co., Ltd. (Botao) that were not zero, de minimis, or based entirely under section 776 of the Act. Therefore, Commerce calculated an all-others rate using a simple average of the individual estimated subsidy rates calculated for Botao and Delian using each company’s values for the merchandise under consideration because publicly ranged sales data was unavailable.9 7 See sections 776(a) and (b) of the Act. Petitioner’s Letter, ‘‘Certain Corrosion Inhibitors from the People’s Republic of China: Petitioner’s Request to Align Countervailing Duty Investigation Final Determination with Antidumping Duty Investigation Final Determination,’’ dated June 3, 2020. 9 With two respondents under examination, Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of jbell on DSKJLSW7X2PROD with NOTICES 8 See VerDate Sep<11>2014 20:25 Jul 10, 2020 Jkt 250001 41961 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be Subsidy Company rate submitted no later than seven days after (percent) the deadline date for case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and Jiangyin Delian Chemical Co., (d)(2), parties who submit case briefs or Ltd ........................................... 92.23 rebuttal briefs in this investigation are Nantong Botao Chemical Co., Ltd ........................................... 54.37 encouraged to submit with each CAC Shanghai Chemical Co., argument: (1) A statement of the issue; Ltd., ......................................... 237.19 (2) a brief summary of the argument; Jiangyin Gold Fuda Chemical and (3) a table of authorities. Co., Ltd ................................... 237.19 Pursuant to 19 CFR 351.310(c), Xinji Xi Chen Re Neng Co., Ltd 237.19 All Others .................................... 73.30 interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a Suspension of Liquidation written request to the Assistant In accordance with section Secretary for Enforcement and 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Compliance, U.S. Department of Commerce within 30 days after the date Border Protection (CBP) to suspend of publication of this notice. Requests liquidation of entries of subject should contain the party’s name, merchandise as described in the scope address, and telephone number, the of the investigation section entered, or number of participants, whether any withdrawn from warehouse, for participant is a foreign national, and a consumption on or after the date of publication of this notice in the Federal list of the issues to be discussed. If a request for a hearing is made, Commerce Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP intends to hold the hearing at the U.S. Department of Commerce, 1401 to require a cash deposit equal to the Constitution Avenue NW, Washington, rates indicated above. DC 20230, at a time and date to be Disclosure determined. Parties should confirm by telephone the date, time, and location of Commerce intends to disclose its the hearing two days before the calculations and analysis performed to scheduled date. interested parties in this preliminary determination within five days of its Parties are reminded that briefs and public announcement, or if there is no hearing requests are to be filed public announcement, within five days electronically using ACCESS and that of the date of this notice in accordance electronically filed documents must be with 19 CFR 351.224(b). received successfully in their entirety by 5 p.m. Eastern Time on the due date. Verification Note that Commerce has temporarily As provided in section 782(i)(1) of the modified certain of its requirements for Act, Commerce intends to verify the serving documents containing business information relied upon in making its proprietary information, until July 17, final determination. 2020, unless extended.11 Public Comment International Trade Commission Case briefs or other written comments Notification may be submitted to the Assistant In accordance with section 703(f) of the estimated subsidy rates calculated for the the Act, Commerce will notify the examined respondents; and (C) a weighted-average International Trade Commission (ITC) of of the estimated subsidy rates calculated for the its determination. If the final examined respondents using each company’s determination is affirmative, the ITC publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then will determine before the later of 120 compares (B) and (C) to (A) and selects the rate days after the date of this preliminary closest to (A) as the most appropriate rate for all determination or 45 days after the final other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, determination. Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data are not available, Commerce based the all-others rate on a simple average of the mandatory respondents’ subsidy rates. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 29615 (May 18, 2020) (Temporary Rule). 11 See Temporary Rule. E:\FR\FM\13JYN1.SGM 13JYN1 41962 Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: July 6, 2020. Jeffrey I. Kessler Assistant Secretary for Enforcement and Compliance. jbell on DSKJLSW7X2PROD with NOTICES Appendix I 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. Tolyltriazole is classified under Harmonized VerDate Sep<11>2014 20:25 Jul 10, 2020 Jkt 250001 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Subsidies Valuation VI. New Subsidy Allegations VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Benchmarks IX. Analysis of Programs X. Calculation of All-Others Rate XI. ITC Notification XII. Disclosure and Public Comments XIII. Verification XIV. Recommendation [FR Doc. 2020–15053 Filed 7–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–847] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017– 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that the producers/ exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), September 1, 2017 through August 31, 2018. DATES: Applicable July 13, 2020. FOR FURTHER INFORMATION CONTACT: David Crespo or Jacob Garten, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: AGENCY: PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 (202) 482–3693 or (202) 482–3342, respectively. SUPPLEMENTARY INFORMATION: Background This review covers 11 producers/ exporters of the subject merchandise. Commerce selected two companies, Maquilacero S.A. de C.V. (Maquilacero) and Productos Laminados de Monterrey S.A. de C.V. (Prolamsa) (collectively, the respondents), for individual examination. The producers/exporters not selected for individual examination are listed in the ‘‘Final Results of the Review’’ section of this notice. On November 18, 2019, Commerce published the Preliminary Results.1 We invited interested parties to comment on the Preliminary Results.2 On December 18, 2019, Independence Tube Corporation and Southland Tube, Incorporated, both Nucor companies (collectively, domestic parties), and Maquilacero filed case briefs 3. On December 23, 2019, the domestic parties, Prolamsa, and Maquilacero all filed rebuttal briefs.4 For a description of the events that occurred since the preliminary results, see the Issues and Decision Memorandum.5 On February 11, 2020, we postponed the final results by 59 days after the publication of the Preliminary Results, until May 15, 2020.6 On April 24, 2020, Commerce tolled all deadlines in administrative 1 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017–2018, 84 FR 63610 (November 18, 2019) (Preliminary Results). 2 Id. 3 See Domestic Parties’ Case Brief, ‘‘Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Case Brief and Request to Participate in Hearing if Held,’’ dated December 18, 2019; and Maquilacero’s Case Brief, ‘‘Heavy Walled Rectangular Welded Carbon Steel Pipes from Mexico: Case Brief of Maquilacero S.A. de C.V.,’’ dated December 18, 2019. 4 See Domestic Parties’ Rebuttal Brief, ‘‘Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Rebuttal Brief,’’ dated December 23, 2019; Maquilacero’s Rebuttal Brief, ‘‘Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Rebuttal Brief,’’ dated December 23, 2020; and Prolamsa’s Rebuttal Brief, ‘‘Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Rebuttal Brief and Request to Participate in Hearing, if Held,’’ dated December 23, 2019. 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Antidumping Duty Administrative Review: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico; 2017–2018,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 See Memorandum, ‘‘Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated February 11, 2020. E:\FR\FM\13JYN1.SGM 13JYN1

Agencies

[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 41960-41962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15053]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-123]


Certain Corrosion Inhibitors from the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination With Final Antidumping Duty 
Determination

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of certain corrosion inhibitors from the People's Republic of 
China (China). The period of investigation (POI) is January 1, 2019 
through December 31, 2019. Interested parties are invited to comment on 
this preliminary determination

DATES: Applicable July 13, 2020.

FOR FURTHER INFORMATION CONTACT: Theodore Pearson 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) 482-2631 
or (202) 482-1395, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Trade Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on March 3, 
2020.\1\ On April 1, 2020, Commerce postponed the preliminary 
determination of this investigation, and the revised deadline is now 
July 6, 2020.\2\
---------------------------------------------------------------------------

    \1\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Initiation of Countervailing Duty Investigation, 85 FR 
12502 (March 3, 2020) (Initiation Notice).
    \2\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Postponement of Preliminary Determination in the 
Countervailing Duty Investigation, 85 FR 19455 (April 7, 2020).
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. 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. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Corrosion 
Inhibitors from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are certain corrosion 
inhibitors from China. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No parties provided 
comment on the scope of the investigation.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that one

[[Page 41961]]

or more respondents did not act to the best of their ability to respond 
to Commerce's requests for information, it drew an adverse inference 
where appropriate in selecting from among the facts otherwise 
available.\7\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final CVD determination in this investigation with the 
final determination in the companion antidumping duty (AD) 
investigation of certain corrosion inhibitors from China based on a 
request made by Wincom Incorporated (the petitioner).\8\ Consequently, 
the final CVD determination will be issued on the same date as the 
final AD determination, which is currently scheduled to be issued no 
later than November 26, 2020, unless postponed.
---------------------------------------------------------------------------

    \8\ See Petitioner's Letter, ``Certain Corrosion Inhibitors from 
the People's Republic of China: Petitioner's Request to Align 
Countervailing Duty Investigation Final Determination with 
Antidumping Duty Investigation Final Determination,'' dated June 3, 
2020.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. The rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
rates that are zero, de minimis, or rates based entirely under section 
776 of the Act.
    In this investigation, as discussed in the Preliminary Decision 
Memorandum, Commerce calculated individual estimated countervailable 
subsidy rates for Jiangyin Delian Chemical Co., Ltd. (Delian) and 
Nantong Botao Chemical Co., Ltd. (Botao) that were not zero, de 
minimis, or based entirely under section 776 of the Act. Therefore, 
Commerce calculated an all-others rate using a simple average of the 
individual estimated subsidy rates calculated for Botao and Delian 
using each company's values for the merchandise under consideration 
because publicly ranged sales data was unavailable.\9\
---------------------------------------------------------------------------

    \9\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). As complete publicly ranged sales data are not 
available, Commerce based the all-others rate on a simple average of 
the mandatory respondents' subsidy rates.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Jiangyin Delian Chemical Co., Ltd...........................       92.23
Nantong Botao Chemical Co., Ltd.............................       54.37
CAC Shanghai Chemical Co., Ltd.,............................      237.19
Jiangyin Gold Fuda Chemical Co., Ltd........................      237.19
Xinji Xi Chen Re Neng Co., Ltd..............................      237.19
All Others..................................................       73.30
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than seven days after the deadline 
date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
29615 (May 18, 2020) (Temporary Rule).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until July 17, 2020, unless 
extended.\11\
---------------------------------------------------------------------------

    \11\ See Temporary Rule.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after the final determination.

[[Page 41962]]

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: July 6, 2020.
Jeffrey I. Kessler
Assistant Secretary for Enforcement and Compliance.

Appendix I

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. 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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. New Subsidy Allegations
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Benchmarks
IX. Analysis of Programs
X. Calculation of All-Others Rate
XI. ITC Notification
XII. Disclosure and Public Comments
XIII. Verification
XIV. Recommendation

[FR Doc. 2020-15053 Filed 7-10-20; 8:45 am]
BILLING CODE 3510-DS-P