Chloropicrin From the People's Republic of China: Final Results of Sunset Review and Revocation of Order, 71314-71315 [2020-24828]

Download as PDF 71314 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices tires from China.1 On July 10, 2020, Commerce published the Notice of Initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.218(c).2 On July 16, 2020, Commerce received a notice of intent to participate from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial Workers Union, AFL–CIO, CLC (collectively, the petitioner) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The petitioner claimed interested party status under section 771(9)(D) of the Act as a certified union representative of an industry engaged in the manufacture, production, or wholesale in the United States of a domestic like product. On July 31, 2020, Commerce received an adequate substantive response from the petitioner within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 Commerce did not receive submissions from any other interested parties. We received no substantive response from respondent interested parties. On August 20, 2020, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce has conducted an expedited (120-day) sunset review of the Order. Scope of the Order Imports covered by the order are shipments of certain passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this order may be tube-type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, khammond on DSKJM1Z7X2PROD with NOTICES 1 See Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 47902 (August 10, 2015) (Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 85 FR 39526 (July 1, 2020). 3 See Petitioner’s Letter, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Notice of Intent to Participate,’’ dated July 16, 2020. 4 See Petitioner’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from China, CVD Order, First Sunset Review: Substantive Response of USW,’’ dated July 31, 2020. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on July 1, 2020,’’ dated August 20, 2020. VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. The merchandise subject to this order may be classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 4011.99.85.50, 8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. 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 http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov.frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine that revocation of the CVD order on passenger tires from China would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates: Producer/exporter GITI Tire (Fujian) Co., Ltd .... Cooper Kunshan Tire Co., Ltd ..................................... Shandong Yongsheng Rubber Group Co., Ltd ............ All Others .............................. PO 00000 Frm 00012 Fmt 4703 Administrative Protective Order This notice also serves as the only reminder to parties subject to Administrative Protective Order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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 violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: October 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2020–24812 Filed 11–6–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–002] Chloropicrin From the People’s Republic of China: Final Results of Sunset Review and Revocation of Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 4, 2020, the Department of Commerce (Commerce) initiated the fifth sunset review of the Net antidumping duty order on chloropicrin countervailable from the People’s Republic of China subsidy rate (China). Because the domestic interested (percent) parties did not file a timely substantive 36.79 response in this sunset review, Commerce is revoking this antidumping 20.73 duty order. DATES: Applicable September 22, 2020. 116.73 FOR FURTHER INFORMATION CONTACT: 30.61 Abdul Alnoor, AD/CVD Operations, Sfmt 4703 AGENCY: E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4554. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES Background On March 22, 1984, Commerce issued an antidumping duty order on chloropicrin from China.1 On September 22, 2015, Commerce published a notice of continuation of the Order.2 There has been one administrative review since issuance of the Order.3 Commerce conducted four previous sunset reviews of the Order. Commerce published the final results of those sunset reviews on March 9, 1999; 4 July 6, 2004; 5 November 6, 2009; 6 and August 7, 2015.7 On August 4, 2020, Commerce initiated the fifth sunset review of this Order.8 On August 18, 2020, within the applicable deadline, Commerce received notice of intent to participate 9 from Ashta Chemicals, Inc.; Niklor Chemical Co., Inc.; and Trinity Manufacturing, Inc., the domestic interested parties in this proceeding.10 However, the domestic interested parties failed to submit a substantive response to the notice of initiation by the applicable time limit of September 3, 2020, as required by 19 CFR 351.218(d)(3).11 1 See Antidumping Duty Order: Chloropicrin from the People’s Republic of China, 49 FR 10691 (March 22, 1984) (Order). 2 See Chloropicrin From the People’s Republic of China: Continuation of Antidumping Duty Order, 80 FR 57149 (September 22, 2015) (2015 Continuation Notice). 3 See Chloropicrin from the People’s Republic of China: Final Results of Administrative Review of Antidumping Duty Order, 50 FR 2844 (January 22, 1985). 4 See Final Results of Expedited Sunset Review: Chloropicrin from the People’s Republic of China, 64 FR 11440 (March 9, 1999). 5 See Chloropicrin from the People’s Republic of China; Final Results of the Expedited Sunset Review of Antidumping Duty Order, 69 FR 40601 (July 6, 2004). 6 See Chloropicrin From the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 74 FR 57450 (November 6, 2009). 7 See Chloropicrin from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 80 FR 47467 (August 7, 2015). 8 See Initiation of Five-Year (Sunset) Reviews, 85 FR 47185 (August 4, 2020). 9 See Domestic Interested Parties’ Letter, ‘‘Notice of Intent to Participate in Five-Year (‘‘Sunset’’) Review of Chloropicrin from China; Application Under Administrative Protective Order,’’ dated August 18, 2020. 10 See 19 CFR 351.218(d)(1)(i). 11 On September 18, 2020, the domestic interested parties attempted to file a late substantive response. See Domestic Interested Parties’ Letter, ‘‘Substantive Response on Behalf of Ashta Chemicals Inc, Niklor Chemical Company, and VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 Pursuant to 19 CFR 351.218(e)(1)(i)(C)(2), on September 10, 2020, Commerce notified the International Trade Commission, in writing, that it intended to issue a final determination revoking this antidumping duty order.12 Scope of the Order The merchandise subject to the antidumping duty order is chloropicrin, also known as trichloronitromethane. A major use of the product is as a preplant soil fumigant (pesticide). Such merchandise is classifiable under Harmonized Tariff Schedule (HTS) subheading 2904.90.50.05.13 The HTS subheading is provided for convenience and customs purposes. The written description remains dispositive. Determination To Revoke 19 CFR 351.218(e)(1)(i)(C) states that if no domestic party has filed a complete substantive response to the notice of initiation under paragraph (d)(3) of that section, then Commerce will issue a final determination revoking the order or terminating the suspended investigation not later than 90 days after the date of publication in the Federal Register of the Notice of Initiation. In turn, paragraph (d)(3) establishes a time limit for substantive responses to a notice of initiation, which is 30 days after the date of publication in the Federal Register of the notice of initiation. In this case, the notice of initiation was published in the Federal Register on August 4, 2020, and therefore the applicable time limit for substantive responses was September 3, 2020. As noted above, Commerce did not receive a substantive response from any domestic interested party by September 3. Because no domestic interested party timely filed an adequate substantive Trinity Manufacturing, Inc,’’ dated September 18, 2020. At the same time, the domestic interested parties also filed an untimely request for an extension to file the substantive response in this sunset review. See Letter from Kalik Lewin, ‘‘Request for Leave for late Filing: Substantive Response in Five-Year (‘‘Sunset’’) Review of Chloropicrin from China,’’ dated September 18, 2020. Commerce rejected the late submission of the substantive response. See Commerce Letters, ‘‘FiveYear (‘Sunset’) Review of Chloropicrin from China: Rejection of Request for Leave for Late Filing and Rejection of Domestic Interested Parties’ Substantive Response,’’ dated September 28, 2020; and ‘‘Five-Year (‘Sunset’) Review of Chloropicrin from China: Response to Second Request to Extend the Deadline for Filing a Substantive Response,’’ dated November 2, 2020. 12 See Commerce’s Letter, ‘‘Sunset Review Initiated on August 4, 2020,’’ dated September 10, 2020. 13 Since this scope was written, the HTS subheading has changed. Subject merchandise is currently classifiable under HTS subheading 2904.91.00 00. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 71315 response in this sunset review, Commerce finds that no domestic interested party has responded to the notice of initiation of this sunset review under 751(c)(3)(A) of the Act. Therefore, consistent with the section 751(c)(3)(A) of the Act and 19 CFR 351.222(i)(1)(i), we are revoking the antidumping duty order on chloropicrin from China.14 Effective Date of Revocation The effective date of revocation is September 22, 2020, the fifth anniversary of the date of publication in the Federal Register of the most recent notice of continuation of this antidumping duty order.15 Pursuant to section 751(c)(3)(A) of the Act, Commerce intends to issue instructions to U.S. Customs and Border Protection 15 days after the publication of this notice to terminate the suspension of liquidation of the merchandise subject to this order entered, or withdrawn from warehouse, on or after September 22, 2020. Entries of subject merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and antidumping duty deposit requirements. Commerce will complete any pending administrative reviews of this order and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. This notice of revocation is published in accordance with sections 751(c) and 777(i)(1) of the Act and 19 CFR 351.218(e)(1)(i)(C)(3) and 19 CFR 351.222(i)(1)(i). Dated: November 2, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–24828 Filed 11–6–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Initiation and Preliminary Results of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to AGENCY: 14 See 15 See E:\FR\FM\09NON1.SGM 19 CFR 351.218(e)(1)(i)(C)(1). 2015 Continuation Notice. 09NON1

Agencies

[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71314-71315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24828]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-002]


Chloropicrin From the People's Republic of China: Final Results 
of Sunset Review and Revocation of Order

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

SUMMARY: On August 4, 2020, the Department of Commerce (Commerce) 
initiated the fifth sunset review of the antidumping duty order on 
chloropicrin from the People's Republic of China (China). Because the 
domestic interested parties did not file a timely substantive response 
in this sunset review, Commerce is revoking this antidumping duty 
order.

DATES: Applicable September 22, 2020.

FOR FURTHER INFORMATION CONTACT: Abdul Alnoor, AD/CVD Operations,

[[Page 71315]]

Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4554.

SUPPLEMENTARY INFORMATION:

Background

    On March 22, 1984, Commerce issued an antidumping duty order on 
chloropicrin from China.\1\ On September 22, 2015, Commerce published a 
notice of continuation of the Order.\2\ There has been one 
administrative review since issuance of the Order.\3\ Commerce 
conducted four previous sunset reviews of the Order. Commerce published 
the final results of those sunset reviews on March 9, 1999; \4\ July 6, 
2004; \5\ November 6, 2009; \6\ and August 7, 2015.\7\ On August 4, 
2020, Commerce initiated the fifth sunset review of this Order.\8\
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    \1\ See Antidumping Duty Order: Chloropicrin from the People's 
Republic of China, 49 FR 10691 (March 22, 1984) (Order).
    \2\ See Chloropicrin From the People's Republic of China: 
Continuation of Antidumping Duty Order, 80 FR 57149 (September 22, 
2015) (2015 Continuation Notice).
    \3\ See Chloropicrin from the People's Republic of China: Final 
Results of Administrative Review of Antidumping Duty Order, 50 FR 
2844 (January 22, 1985).
    \4\ See Final Results of Expedited Sunset Review: Chloropicrin 
from the People's Republic of China, 64 FR 11440 (March 9, 1999).
    \5\ See Chloropicrin from the People's Republic of China; Final 
Results of the Expedited Sunset Review of Antidumping Duty Order, 69 
FR 40601 (July 6, 2004).
    \6\ See Chloropicrin From the People's Republic of China: Final 
Results of the Expedited Sunset Review of the Antidumping Duty 
Order, 74 FR 57450 (November 6, 2009).
    \7\ See Chloropicrin from the People's Republic of China: Final 
Results of the Expedited Sunset Review of the Antidumping Duty 
Order, 80 FR 47467 (August 7, 2015).
    \8\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 47185 
(August 4, 2020).
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    On August 18, 2020, within the applicable deadline, Commerce 
received notice of intent to participate \9\ from Ashta Chemicals, 
Inc.; Niklor Chemical Co., Inc.; and Trinity Manufacturing, Inc., the 
domestic interested parties in this proceeding.\10\ However, the 
domestic interested parties failed to submit a substantive response to 
the notice of initiation by the applicable time limit of September 3, 
2020, as required by 19 CFR 351.218(d)(3).\11\ Pursuant to 19 CFR 
351.218(e)(1)(i)(C)(2), on September 10, 2020, Commerce notified the 
International Trade Commission, in writing, that it intended to issue a 
final determination revoking this antidumping duty order.\12\
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    \9\ See Domestic Interested Parties' Letter, ``Notice of Intent 
to Participate in Five-Year (``Sunset'') Review of Chloropicrin from 
China; Application Under Administrative Protective Order,'' dated 
August 18, 2020.
    \10\ See 19 CFR 351.218(d)(1)(i).
    \11\ On September 18, 2020, the domestic interested parties 
attempted to file a late substantive response. See Domestic 
Interested Parties' Letter, ``Substantive Response on Behalf of 
Ashta Chemicals Inc, Niklor Chemical Company, and Trinity 
Manufacturing, Inc,'' dated September 18, 2020. At the same time, 
the domestic interested parties also filed an untimely request for 
an extension to file the substantive response in this sunset review. 
See Letter from Kalik Lewin, ``Request for Leave for late Filing: 
Substantive Response in Five-Year (``Sunset'') Review of 
Chloropicrin from China,'' dated September 18, 2020. Commerce 
rejected the late submission of the substantive response. See 
Commerce Letters, ``Five-Year (`Sunset') Review of Chloropicrin from 
China: Rejection of Request for Leave for Late Filing and Rejection 
of Domestic Interested Parties' Substantive Response,'' dated 
September 28, 2020; and ``Five-Year (`Sunset') Review of 
Chloropicrin from China: Response to Second Request to Extend the 
Deadline for Filing a Substantive Response,'' dated November 2, 
2020.
    \12\ See Commerce's Letter, ``Sunset Review Initiated on August 
4, 2020,'' dated September 10, 2020.
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Scope of the Order

    The merchandise subject to the antidumping duty order is 
chloropicrin, also known as trichloronitromethane. A major use of the 
product is as a pre-plant soil fumigant (pesticide). Such merchandise 
is classifiable under Harmonized Tariff Schedule (HTS) subheading 
2904.90.50.05.\13\ The HTS subheading is provided for convenience and 
customs purposes. The written description remains dispositive.
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    \13\ Since this scope was written, the HTS subheading has 
changed. Subject merchandise is currently classifiable under HTS 
subheading 2904.91.00 00.
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Determination To Revoke

    19 CFR 351.218(e)(1)(i)(C) states that if no domestic party has 
filed a complete substantive response to the notice of initiation under 
paragraph (d)(3) of that section, then Commerce will issue a final 
determination revoking the order or terminating the suspended 
investigation not later than 90 days after the date of publication in 
the Federal Register of the Notice of Initiation. In turn, paragraph 
(d)(3) establishes a time limit for substantive responses to a notice 
of initiation, which is 30 days after the date of publication in the 
Federal Register of the notice of initiation. In this case, the notice 
of initiation was published in the Federal Register on August 4, 2020, 
and therefore the applicable time limit for substantive responses was 
September 3, 2020. As noted above, Commerce did not receive a 
substantive response from any domestic interested party by September 3.
    Because no domestic interested party timely filed an adequate 
substantive response in this sunset review, Commerce finds that no 
domestic interested party has responded to the notice of initiation of 
this sunset review under 751(c)(3)(A) of the Act. Therefore, consistent 
with the section 751(c)(3)(A) of the Act and 19 CFR 351.222(i)(1)(i), 
we are revoking the antidumping duty order on chloropicrin from 
China.\14\
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    \14\ See 19 CFR 351.218(e)(1)(i)(C)(1).
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Effective Date of Revocation

    The effective date of revocation is September 22, 2020, the fifth 
anniversary of the date of publication in the Federal Register of the 
most recent notice of continuation of this antidumping duty order.\15\
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    \15\ See 2015 Continuation Notice.
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    Pursuant to section 751(c)(3)(A) of the Act, Commerce intends to 
issue instructions to U.S. Customs and Border Protection 15 days after 
the publication of this notice to terminate the suspension of 
liquidation of the merchandise subject to this order entered, or 
withdrawn from warehouse, on or after September 22, 2020. Entries of 
subject merchandise prior to the effective date of revocation will 
continue to be subject to suspension of liquidation and antidumping 
duty deposit requirements. Commerce will complete any pending 
administrative reviews of this order and will conduct administrative 
reviews of subject merchandise entered prior to the effective date of 
revocation in response to appropriately filed requests for review.
    This notice of revocation is published in accordance with sections 
751(c) and 777(i)(1) of the Act and 19 CFR 351.218(e)(1)(i)(C)(3) and 
19 CFR 351.222(i)(1)(i).

    Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-24828 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P