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]
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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
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(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
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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 https://
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.
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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
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8 See
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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.
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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.
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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.
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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
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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.
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]]>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]
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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 https://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.
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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\
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\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.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
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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
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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.
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\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).
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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\
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\11\ See Temporary Rule.
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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
