Chlorinated Isocyanurates From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2017, 71312-71313 [2020-24762]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71312-71313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24762]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-991]


Chlorinated Isocyanurates From the People's Republic of China: 
Final Results of Countervailing Duty Administrative Review; 2017

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

SUMMARY: The Department of Commerce (Commerce) has completed its 
administrative review of the countervailing duty (CVD) order on 
chlorinated isocyanurates (chlorinated isos) from the People's Republic 
of China (China) for the period of review (POR) January 1, 2017 through 
December 31, 2017, and determines that countervailable subsidies are 
being provided to producers and exporters of chlorinated isos. The 
final net subsidy rates are listed below in ``Final Results of 
Administrative Review.''

DATES: Applicable November 9, 2020.

FOR FURTHER INFORMATION CONTACT: Justin Neuman or Annathea Cook, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0486 or (202) 482-0250, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 13, 2014, Commerce published in the Federal Register a 
CVD order on chlorinated isos from China.\1\ Pursuant to a request from 
the petitioners,\2\ Commerce initiated this administrative review on 
January 31, 2019.\3\ On January 16, 2020, Commerce published the 
Preliminary Results of this review in the Federal Register.\4\ We 
invited interested parties to comment on the Preliminary Results. On 
April 24, 2020, Commerce exercised its discretion to toll all deadlines 
in administrative reviews by 50 days.\5\
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014).
    \2\ The petitioners are Bio-Lab, Inc., Clearon Corp., and 
Occidental Chemical Corporation.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 2159 (February 6, 2019).
    \4\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of the Countervailing Duty Administrative 
Review; 2017, 85 FR 2701 (January 16, 2020) (Preliminary Results), 
and accompanying Preliminary Decision Memorandum.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated April 24, 2020.
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    On May 18, 2020, we received case briefs from the petitioners,\6\ 
the Government of China (GOC),\7\ and the mandatory respondents, Heze 
Huayi Chemical Co., Ltd. (Huayi) and Juancheng Kangtai Chemical Co., 
Ltd. (Kangtai).\8\ On May 26, 2020, we received rebuttal briefs from 
the petitioners,\9\ the GOC,\10\ and the mandatory respondents, Huayi 
and Kangtai.\11\ On June 25, 2020, Commerce extended the time period 
for issuing the final results to September 2, 2020.\12\ On July 21, 
2020, Commerce again exercised its discretion to toll all deadlines in 
administrative reviews by 60 days.\13\
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    \6\ See Petitioners' Letter, ``Case Brief of Bio-Lab, Inc., 
Clearon Corp., and Occidental Chemical Corporation,'' dated May 18, 
2020.
    \7\ See GOC's Letter, ``GOC Case Brief--Fourth Administrative 
Review of the Countervailing Duty Order on Carbon and Alloy Steel 
Threaded Rod from the People's Republic of China (C-570-991),'' 
dated May 18, 2020.
    \8\ See Huayi's and Kangtai's Letter, ``Chlorinated 
Isocyanurates from the People's Republic of China: Case Brief,'' 
dated May 18, 2020.
    \9\ See Petitioners' Letter, ``Rebuttal Brief of Bio-Lab, Inc., 
Clearon Corp., and Occidental Chemical Corporation,'' dated May 26, 
2020.
    \10\ See Government of China's Letter, ``GOC Rebuttal Brief--
Fourth Administrative Review of the Countervailing Duty Order on 
Carbon and Alloy Steel Threaded Rod from the People's Republic of 
China (C-570-991),'' dated May 26, 2020.
    \11\ See Huayi's and Kangtai's Letter, ``Chlorinated 
Isocyanurates from the People's Republic of China: Rebuttal Brief,'' 
dated May 26, 2020.
    \12\ See Memorandum, ``Chlorinated Isocyanurates from the 
People's Republic of China: Extension of Deadline for Final Results 
of Countervailing Duty Administrative Review, 2017,'' dated June 25, 
2020.
    \13\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order

    The products covered by the order are chlorinated isocyanurates. 
For a complete description of the scope of the order, see Appendix I.

Analysis of Comments Received

    All issues raised in the parties' briefs are listed in Appendix II 
of this notice and addressed in the Issues and Decision Memorandum.\14\ 
The Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn. The signed 
and electronic versions of the Issues and Decision Memorandum are 
identical in content.
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    \14\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Countervailing 
Duty Order on Chlorinated Isocyanurates from the People's Republic 
of China; 2017,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Results

    Based on case briefs, rebuttal briefs, and all supporting 
documentation, we made changes since the Preliminary Results with 
respect to the benchmark used to calculate the benefit from the 
provision of natural gas for less than adequate remuneration.\15\
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    \15\ See Issues and Decision Memorandum at Comment 4.

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[[Page 71313]]

Methodology

    Commerce conducted this CVD review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find 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.\16\ The Issues and Decision Memorandum contains a full 
description of the methodology underlying Commerce's conclusions, 
including any determination that relied upon the use of adverse facts 
available pursuant to sections 776(a) and (b) of the Act.
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    \16\ 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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Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), we determine the following 
net subsidy rates for the 2017 administrative review:

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                                                                Subsidy
                           Company                               rate
                                                               (percent)
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Hebei Jiheng Chemical Co., Ltd..............................      377.60
Heze Huayi Chemical Co., Ltd................................        2.47
Juancheng Kangtai Chemical Co., Ltd.........................        3.01
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Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to U.S. Customs and Border Protection (CBP) 15 
days after the date of publication of these final results of review, to 
liquidate shipments of subject merchandise produced and/or exported by 
the companies listed above, entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2017 through December 31, 2017, at 
the ad valorem rates listed above.

Cash Deposit Instructions

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above. For all non-reviewed firms, we will instruct CBP to continue to 
collect cash deposits at the most recent company-specific or all-others 
rate applicable to the company. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Order

    The products covered by the order are chlorinated isocyanurates. 
Chlorinated isocyanurates are derivatives of cyanuric acid, 
described as chlorinated s-triazine triones. There are three primary 
chemical compositions of chlorinated isocyanurates: (1) 
trichlorisocyanuric acid (TCCA) (Cl3(NCO)3); 
(2) sodium dichlorisocyanurate (dihydrate) 
(NaCl2(NCO)3 X 2H2O); and (3) 
sodium dichlorisocyanurate (anhydrous) 
(NaCl2(NCO)3). Chlorinated isocyanurates are 
available in powder, granular and solid (e.g., tablet or stick) 
forms.
    Chlorinated isocyanurates are currently classifiable under 
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000, 
3808.94.5000, and 3808.99.9500 of the Harmonized Tariff Schedule of 
the United States (HTSUS). The tariff classification 2933.69.6015 
covers sodium dichlorisocyanurate (anhydrous and dihydrate forms) 
and trichlorisocyanuric acid. The tariff classifications 
2933.69.6021 and 2933.69.6050 represent basket categories that 
include chlorinated isocyanurates and other compounds including an 
unfused triazine ring. The tariff classifications 3808.50.4000, 
3808.94.5000 and 3808.99.9500 cover disinfectants that include 
chlorinated isocyanurates. The HTSUS subheadings are provided for 
convenience and customs purposes. The written description of the 
scope of the order is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. List of Comments from Interested Parties
IV. Scope of the Order
V. Changes Since the Preliminary Results
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Programs Determined to be Countervailable
IX. Programs Determined Not to be Used or Not to Confer Measurable 
Benefits During the POR
X. Analysis of Comments
    Comment 1: Whether the Natural Gas Market in China Is Distorted
    Comment 2: Whether the Provision of Natural Gas for Less than 
Adequate Remuneration (LTAR) Is Specific
    Comment 3: Whether Natural Gas Suppliers Are Government 
Authorities
    Comment 4: Whether Commerce Should Select a Different Benchmark 
for Natural Gas for the Final Results
    Comment 5: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to the Export Buyer's Credit Program (EBCP)
    Comment 6: Selection of the AFA Rate for the EBCP
    Comment 7: Whether the Income Tax Deduction for Research and 
Development (R&D) Expenses Program Is Specific
    Comment 8: Whether Commerce Should Conduct Verification
XI. Recommendation

[FR Doc. 2020-24762 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P