Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 55825-55828 [2020-20010]
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Federal Register / Vol. 85, No. 176 / Thursday, September 10, 2020 / Notices
Weighted-average
dumping margin
(percent)
Exporter/producer
khammond on DSKJM1Z7X2PROD with NOTICES
Plastech Co., Ltd ..................................................................................................................................................................
Chungdang Co .....................................................................................................................................................................
K Stout Co ............................................................................................................................................................................
Kemicolor Corp .....................................................................................................................................................................
KP Tech Ltd ..........................................................................................................................................................................
Moojin Che ...........................................................................................................................................................................
OKS Poly ..............................................................................................................................................................................
Puyong Industry Co ..............................................................................................................................................................
Samjin Plastic Co .................................................................................................................................................................
Sangil Corp ...........................................................................................................................................................................
SK Chemicals .......................................................................................................................................................................
Tae Kwang New Tech Co., Ltd ............................................................................................................................................
Unidesign Co ........................................................................................................................................................................
All Others ..............................................................................................................................................................................
Oman:
OCTAL SAOC–FZC (OCTAL) ..............................................................................................................................................
All Others ..............................................................................................................................................................................
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except that Commerce may
extend the four-month period to no
more than six months at the request of
the exporters representing a significant
proportion of exports of the subject
merchandise. At the request of exporters
that account for a significant proportion
of PET sheet from Korea and Oman, we
extended the four-month period to six
months in the Preliminary
Determinations, published on March 3,
2020. Therefore, the extended period,
beginning on the date of the publication
of the preliminary determinations,
ended on August 29, 2020. Pursuant to
section 737(b) of the Act, the collection
of cash deposits at the rates listed above
will begin on the date of publication of
the ITC’s final injury determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of PET sheet from Korea and
Oman entered, or withdrawn from
warehouse, for consumption, on or after
August 30, 2020, the first day
provisional measures are no longer in
effect, until and through the day
preceding the date of publication of the
ITC’s final injury determination in the
Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
pursuant to section 736(a) of the Act.
Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: September 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Orders
The merchandise covered by these orders
is raw, pretreated, or primed polyethylene
terephthalate sheet, whether extruded or
coextruded, in nominal thicknesses of equal
to or greater than 7 mil (0.007 inches or 177.8
mm) and not exceeding 45 mil (0.045 inches
or 1143 mm) (PET sheet). The scope includes
all PET sheet whether made from prime
(virgin) inputs or recycled inputs, as well as
any blends thereof. The scope includes all
PET sheet meeting the above specifications
regardless of width, color, surface treatment,
coating, lamination, or other surface finish.
The merchandise subject to these orders is
properly classified under statistical reporting
number 3920.62.0090 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Although the HTSUS statistical
reporting number is provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
[FR Doc. 2020–20011 Filed 9–9–20; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–122]
Certain Corrosion Inhibitors From the
People’s Republic of China:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain corrosion inhibitors
(corrosion inhibitors) from the People’s
Republic of China (China) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is July 1,
2019 through December 31, 2019.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable September 10, 2020.
FOR FURTHER INFORMATION CONTACT:
Lochard Philozin or Andre Gziryan, 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) 482–2201,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
Notification to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
PET sheet from Korea and Oman
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52.01
52.01
52.01
52.01
52.01
52.01
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52.01
52.01
7.19
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Federal Register / Vol. 85, No. 176 / Thursday, September 10, 2020 / Notices
on March 3, 2020.1 On June 10, 2020,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now September
2, 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
included 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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are corrosion inhibitors
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 interested
party commented on the scope of the
investigation. Thus, Commerce has not
modified the scope language as it
appeared in the Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act and
constructed export prices in accordance
with section 772(b) of the Act. Because
China is a non-market economy, within
the meaning of section 771(18) of the
Act, Commerce has calculated normal
value in accordance with section 773(c)
of the Act.
In addition, Commerce has relied on
facts available under section 776(a) of
the Act to determine the cash deposit
rate assigned to the China-wide entity.
Furthermore, pursuant to sections 776
(a) and (b) of the Act because the Chinewide entity did not cooperate to the best
of its ability in responding to the
Commerce’s request for data, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
inferences, for the China-wide Entity.
For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,6 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.7
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
Producer
Exporter
Nantong Botao Chemical Co., Ltd .......................
Nantong Kanghua Chemical Co., Ltd ..................
Nantong Botao Chemical Co., Ltd .......................
Anhui Trust Chem Co., Ltd ..................................
Gold Chemical Limited .........................................
Jiangsu Bohan Industry Trade Co., Ltd ...............
Jiangyin Gold Fuda Chemical Co., Ltd ................
Ningxia Ruitai Technology Co., Ltd ......................
SHANGHAI SUNTECH BIOCHEMICAL CO.,
LTD.
Nantong Kanghua Chemical Co., Ltd ..................
Anhui Trust Chem Co., Ltd ..................................
China-Wide Entity .................................................
Jiangyin Delian Chemical Co., Ltd .......................
Jiangyin Delian Chemical Co., Ltd .......................
Nantong Botao Chemical Co., Ltd .......................
Anhui Trust Chem Co., Ltd ..................................
Gold Chemical Limited .........................................
Gold Chemical Limited .........................................
Gold Chemical Limited .........................................
Gold Chemical Limited .........................................
Gold Chemical Limited .........................................
122.11
122.11
128.06
125.09
125.09
125.09
125.09
125.09
125.09
64.53
64.53
94.71
79.63
79.63
79.63
79.63
79.63
79.63
Nantong Kanghua Chemical Co., Ltd ..................
Nanjing Trust Chem Co., Ltd ...............................
...............................................................................
125.09
125.09
260.92
79.63
79.63
227.57
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation 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, as discussed below. Further,
pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash
deposit equal to the weighted average
amount by which normal value exceeds
U.S. price, as indicated in the chart
above, as follows: (1) For the producer/
exporter combinations listed in the table
above, the cash deposit rate is equal to
the estimated weighted-average
dumping margin listed for that
combination in the table; (2) for all
1 See Certain Corrosion Inhibitors from the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigations, 85 FR 12506 (March 3,
2020) (Initiation Notice).
2 See Certain Corrosion Inhibitors from the
People’s Republic of China: Postponement of
Preliminary Determination of Antidumping Duty
Investigation, 85 FR 36376 (June 16, 2020).
3 See Memorandum, ‘‘Certain Corrosion Inhibitors
from the People’s Republic of China: Decision
Memorandum for Preliminary Affirmative
Determination of Sales at Less Than Fair Value,’’
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.
Suspension of Liquidation
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from China. For a complete description
of the scope of this investigation, see
Appendix I.
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combinations of Chinese producers/
exporters of subject merchandise that
have not established eligibility for their
own separate rates, the cash deposit rate
will be equal to the estimated weightedaverage dumping margin established for
the China-wide entity; and (3) for all
third-country exporters of subject
merchandise not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Chinese
producer/exporter combination (or
6 See
Initiation Notice at 85 FR 12506.
Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
7 See
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Federal Register / Vol. 85, No. 176 / Thursday, September 10, 2020 / Notices
China-wide entity) that supplied that
third-country exporter.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a preliminary affirmative
determination for domestic subsidy
pass-through or export subsidies,
Commerce has offset the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). Any
such adjusted rates may be found in the
Preliminary Determination section’s
chart of estimated weighted-average
dumping margins above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for the passed-through domestic
subsidies or for export subsidies at the
time the CVD provisional measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
khammond on DSKJM1Z7X2PROD with NOTICES
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.8 Note
that Commerce has modified certain of
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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16:38 Sep 09, 2020
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its requirements for serving documents
containing business proprietary
information until further notice.9
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.
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 a time and
date to be determined. Parties should
confirm the date and time of the hearing
two days before the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
Between August 25, 2020 and August
28, 2020, pursuant to 19 CFR 351.210(e),
the mandatory respondents, Nantong
Botao Chemical Co., Ltd., (Botao) 10 and
Jiangyin Delian Chemical Co., Ltd.
(Delian),11 and the petitioner, Wincom,
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
10 See Botao’s Letter, ‘‘Certain Corrosion
Inhibitors from the People’s Republic of China:
Request to Extend Final Determination,’’ dated
August 25, 2020.
11 See Delian’s Letter, ‘‘Corrosion Inhibitors from
China; A–570–122; Request to Extend the Final
Determination,’’ dated August 27, 2020.
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55827
Inc. (petitioner),12 requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months. In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because (1) the
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. 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
whether these imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: September 2, 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, 1,2Aminozophenylene, lH-Benzotriazole, and
BTA.
12 See Petitioner’s Letter, ‘‘Certain Corrosion
Inhibitors from the People’s Republic of China:
Petitioner’s Request for Postponement of Final
Determination,’’ dated August 28, 2020.
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Federal Register / Vol. 85, No. 176 / Thursday, September 10, 2020 / Notices
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.
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Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
VI. Adjustment Under Section 777(A)(F) of
the Act
VII. Adjustment to Cash Deposit Rate for
Export Subsidies
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VIII. Conclusion
[FR Doc. 2020–20010 Filed 9–9–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Visiting Committee on Advanced
Technology; Meeting
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
National Institute of
Standards and Technology (NIST)’s
Visiting Committee on Advanced
Technology (VCAT or Committee) will
meet on Tuesday, October 20, 2020,
from 10:00 a.m. to 5:00 p.m. Eastern
Time.
DATES: The VCAT will meet on
Tuesday, October 20, 2020, from 10:00
a.m. to 5:00 p.m. Eastern Time.
ADDRESSES: The meeting will be a
virtual meeting via webinar. Please note
admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Stephanie Shaw, VCAT, NIST, 100
Bureau Drive, Mail Stop 1060,
Gaithersburg, Maryland 20899–1060,
telephone number 301–975–2667. Ms.
Shaw’s email address is
stephanie.shaw@nist.gov.
SUPPLEMENTARY INFORMATION: Authority:
15 U.S.C. 278, as amended, and the
Federal Advisory Committee Act, as
amended, 5 U.S.C. App.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., notice is hereby given that the
VCAT will meet on Tuesday, October
20, 2020, from 10:00 a.m. to 5:00 p.m.
Eastern Time. The meeting will be open
to the public. The VCAT is composed of
not fewer than 9 members appointed by
the NIST Director, eminent in such
fields as business, research, new
product development, engineering,
labor, education, management
consulting, environment, and
international relations. The primary
purpose of this meeting is for the VCAT
to review and make recommendations
regarding general policy for NIST, its
organization, its budget, and its
programs within the framework of
applicable national policies as set forth
by the President and the Congress. The
agenda will include an update on major
programs at NIST including a
programmatic update, an update on
NIST operations and impacts regarding
SUMMARY:
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the COVID–19 pandemic, strategic plan
implementations, and NIST’s role in
America’s innovation ecosystem, as well
as its efforts to modernize technology
transfer. The agenda may change to
accommodate Committee business. The
final agenda will be posted on the NIST
website at https://www.nist.gov/director/
vcat/agenda.cfm.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Committee’s business are invited to
request a place on the agenda.
Approximately one-half hour will be
reserved for public comments and
speaking times will be assigned on a
first-come, first-serve basis. The amount
of time per speaker will be determined
by the number of requests received but,
is likely to be about 3 minutes each. The
exact time for public comments will be
included in the final agenda that will be
posted on the NIST website at https://
www.nist.gov/director/vcat/agenda.cfm.
Questions from the public will not be
considered during this period. Speakers
who wish to expand upon their oral
statements, those who had wished to
speak but could not be accommodated
on the agenda, and those who were
unable to attend via webinar are invited
to submit written statements to
Stephanie Shaw at stephanie.shaw@
nist.gov.
All participants will be attending via
webinar and must contact Ms. Shaw at
stephanie.shaw@nist.gov by 5:00 p.m.
Eastern Time, Wednesday, October 14,
2020 for detailed instructions on how to
join the webinar.
Kevin A. Kimball,
Chief of Staff.
[FR Doc. 2020–19933 Filed 9–9–20; 8:45 am]
BILLING CODE 3510–13–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
Supervisory Highlights, Issue 22
(Summer 2020)
Bureau of Consumer Financial
Protection.
ACTION: Supervisory Highlights.
AGENCY:
The Bureau of Consumer
Financial Protection (Bureau) is issuing
its twenty second edition of Supervisory
Highlights. In this issue of Supervisory
Highlights, we report examination
findings in the areas of consumer
reporting, debt collection, deposits, fair
lending, and mortgage servicing that
were completed between September
2019 and December 2019. The report
does not impose any new or different
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Pages 55825-55828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20010]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain corrosion inhibitors (corrosion inhibitors) from the
People's Republic of China (China) are being, or are likely to be, sold
in the United States at less than fair value (LTFV). The period of
investigation (POI) is July 1, 2019 through December 31, 2019.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable September 10, 2020.
FOR FURTHER INFORMATION CONTACT: Lochard Philozin or Andre Gziryan, 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)
482-2201, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation
[[Page 55826]]
on March 3, 2020.\1\ On June 10, 2020, Commerce postponed the
preliminary determination of this investigation, and the revised
deadline is now September 2, 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 included 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\1\ See Certain Corrosion Inhibitors from the People's Republic
of China: Initiation of Less-Than-Fair-Value Investigations, 85 FR
12506 (March 3, 2020) (Initiation Notice).
\2\ See Certain Corrosion Inhibitors from the People's Republic
of China: Postponement of Preliminary Determination of Antidumping
Duty Investigation, 85 FR 36376 (June 16, 2020).
\3\ See Memorandum, ``Certain Corrosion Inhibitors from the
People's Republic of China: Decision Memorandum for Preliminary
Affirmative Determination of Sales at Less Than Fair Value,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are 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 interested party
commented on the scope of the investigation. Thus, Commerce has not
modified the scope language as it appeared in the Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act and constructed export prices
in accordance with section 772(b) of the Act. Because China is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value in accordance with section 773(c)
of the Act.
In addition, Commerce has relied on facts available under section
776(a) of the Act to determine the cash deposit rate assigned to the
China-wide entity. Furthermore, pursuant to sections 776 (a) and (b) of
the Act because the Chine-wide entity did not cooperate to the best of
its ability in responding to the Commerce's request for data, Commerce
preliminarily has relied upon facts otherwise available, with adverse
inferences, for the China-wide Entity. For a full description of the
methodology underlying Commerce's preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,6 Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\7\
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\6\ See Initiation Notice at 85 FR 12506.
\7\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Cash deposit rate
Estimated weighted- (adjusted for
Producer Exporter average dumping subsidy offsets)
margin (percent) (percent)
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Nantong Botao Chemical Co., Ltd........ Jiangyin Delian Chemical Co., 122.11 64.53
Ltd.
Nantong Kanghua Chemical Co., Ltd...... Jiangyin Delian Chemical Co., 122.11 64.53
Ltd.
Nantong Botao Chemical Co., Ltd........ Nantong Botao Chemical Co., Ltd 128.06 94.71
Anhui Trust Chem Co., Ltd.............. Anhui Trust Chem Co., Ltd...... 125.09 79.63
Gold Chemical Limited.................. Gold Chemical Limited.......... 125.09 79.63
Jiangsu Bohan Industry Trade Co., Ltd.. Gold Chemical Limited.......... 125.09 79.63
Jiangyin Gold Fuda Chemical Co., Ltd... Gold Chemical Limited.......... 125.09 79.63
Ningxia Ruitai Technology Co., Ltd..... Gold Chemical Limited.......... 125.09 79.63
SHANGHAI SUNTECH BIOCHEMICAL CO., LTD.. Gold Chemical Limited.......... 125.09 79.63
Nantong Kanghua Chemical Co., Ltd...... Nantong Kanghua Chemical Co., 125.09 79.63
Ltd.
Anhui Trust Chem Co., Ltd.............. Nanjing Trust Chem Co., Ltd.... 125.09 79.63
China-Wide Entity...................... ............................... 260.92 227.57
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
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,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted average amount by which normal value
exceeds U.S. price, as indicated in the chart above, as follows: (1)
For the producer/exporter combinations listed in the table above, the
cash deposit rate is equal to the estimated weighted-average dumping
margin listed for that combination in the table; (2) for all
combinations of Chinese producers/exporters of subject merchandise that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
country exporters of subject merchandise not listed in the table above,
the cash deposit rate is the cash deposit rate applicable to the
Chinese producer/exporter combination (or
[[Page 55827]]
China-wide entity) that supplied that third-country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the Preliminary Determination section's chart of
estimated weighted-average dumping margins above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication 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.\8\ Note that Commerce has modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\9\ 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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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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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 a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
Between August 25, 2020 and August 28, 2020, pursuant to 19 CFR
351.210(e), the mandatory respondents, Nantong Botao Chemical Co.,
Ltd., (Botao) \10\ and Jiangyin Delian Chemical Co., Ltd. (Delian),\11\
and the petitioner, Wincom, Inc. (petitioner),\12\ requested that
Commerce postpone the final determination and that provisional measures
be extended to a period not to exceed six months. In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because
(1) the preliminary determination is affirmative; (2) the requesting
exporters account for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist,
Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.
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\10\ See Botao's Letter, ``Certain Corrosion Inhibitors from the
People's Republic of China: Request to Extend Final Determination,''
dated August 25, 2020.
\11\ See Delian's Letter, ``Corrosion Inhibitors from China; A-
570-122; Request to Extend the Final Determination,'' dated August
27, 2020.
\12\ See Petitioner's Letter, ``Certain Corrosion Inhibitors
from the People's Republic of China: Petitioner's Request for
Postponement of Final Determination,'' dated August 28, 2020.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. 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 whether these imports of the subject merchandise are
materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: September 2, 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.
[[Page 55828]]
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. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
VI. Adjustment Under Section 777(A)(F) of the Act
VII. Adjustment to Cash Deposit Rate for Export Subsidies
VIII. Conclusion
[FR Doc. 2020-20010 Filed 9-9-20; 8:45 am]
BILLING CODE 3510-DS-P
