Certain Corrosion Inhibitors From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 7532-7535 [2021-01975]
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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices
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assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1). We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is not zero or de
minimis. If Negromex’s weightedaverage dumping margin is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.12
For entries of subject merchandise
during the POR produced by Negromex
for which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.13 Commerce intends to
issue assessment instructions to CBP no
earlier than 41 days after the date of
publication of the final results of this
review in the Federal Register, in
accordance with 19 CFR 356.8(a).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the finals results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Negromex in
the final results of review will be equal
to the weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a producer or
exporter not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which it was reviewed; (3) if the
exporter is not a firm covered in this
review or the less-than-fair-value
(LTFV) investigation but the producer
is, then the cash deposit rate will be the
rate established for the most recently-
completed segment of this proceeding
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 19.52 percent,14 the all-others rate
established in the LTFV investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Final Results of Review
section 751(a)(2)(C) of the Act.
13 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: January 19, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Product Comparisons
VI. Date of Sale
VII. Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
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14 See
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Order, 82 FR at 42791.
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International Trade Administration
[A–570–122]
Certain Corrosion Inhibitors From the
People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Unless otherwise extended,
Commerce intends intend to issue the
final results of this administrative
review, including the results of our
analysis of issues raised by the parties
in the written comments, within 120
days of publication of these preliminary
results in the Federal Register, pursuant
to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
[FR Doc. 2021–01921 Filed 1–28–21; 8:45 am]
12 See
DEPARTMENT OF COMMERCE
The Department of Commerce
(Commerce) determines that imports of
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 is July 1, 2019 through
December 31, 2019.
SUMMARY:
DATES:
Applicable January 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Andre Gziryan, AD/CVD Operations,
Office I, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202)
482–2201.
SUPPLEMENTARY INFORMATION:
Background
On September 10, 2020, Commerce
published its Preliminary Determination
of sales at LTFV of corrosion inhibitors
from China.1 For a complete description
of the events that followed the
Preliminary Determination, see the
Issues and Decision Memorandum.2
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 the electronic
versions of the Issues and Decision
Memorandum are identical in content.
1 See 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, 85 FR 55825
(September 10, 2020) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Certain Corrosion Inhibitors
from the People’s Republic of China: Issues and
Decision Memorandum for the Final Determination
of Sales at Less Than Fair Value,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices
Scope Comments
No interested party commented on the
scope of the investigation. Thus, we
have not changed the scope of the
investigation.
Scope of the Investigation
The products covered by this
investigation are corrosion inhibitors
from China. For a complete description
of the scope of the investigation, see
Appendix I.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).3
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are discussed in the Issues
and Decision Memorandum. A list of
the issues raised in the Issues and
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the margin calculations. For
a discussion of these changes, see the
Issues and Decision Memorandum.
Separate Rate Companies
No party commented on our
preliminary separate rate
determinations with respect to the
mandatory respondents and the nonindividually examined companies; 4
thus, there is no basis to reconsider our
preliminary determinations with respect
to separate rate status, and we have
continued to grant them a separate rate
in this final determination.
China-Wide Entity Rate and the Use of
Adverse Facts Available
Commerce continues to find that the
use of facts available is warranted in
determining the rate of the China-wide
entity pursuant to sections 776(a)(1) and
(a)(2)(A)–(C) of the Act. As discussed in
the Issues and Decision Memorandum,
Commerce finds that the use of adverse
facts available (AFA) is warranted with
respect to the China-wide entity because
the China-wide entity did not cooperate
to the best of its ability to comply with
our requests for information and,
accordingly, we applied adverse
inferences in selecting from the facts
available, pursuant to section 776(b) of
the Act and 19 CFR 351.308(a). For the
final determination, as AFA, we are
assigning the China-wide entity the
highest transaction-specific dumping
margin calculated for Botao, 277.90
percent. Because this constitutes
primary information, the statutory
corroboration requirement in section
776(c) of the Act does not apply.
Combination Rates
Consistent with the Preliminary
Determination and Policy Bulletin
05.1,5 Commerce calculated
combination (producer/exporter) rates
for the respondents that are eligible for
a separate rate in this investigation.
Final Determination
Commerce determines that the
following estimated weighted-average
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 .........................................
130.52
130.52
139.41
134.97
134.97
134.97
134.97
134.97
134.97
72.50
72.50
101.71
87.11
87.11
87.11
87.11
87.11
87.11
Nantong Kanghua Chemical Co., Ltd ..................
Nanjing Trust Chem Co., Ltd ...............................
...............................................................................
134.97
134.97
277.90
87.11
87.11
241.02
Disclosure
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Decision Memorandum is attached to
this notice as Appendix II.
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We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of the notice of final
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
3 See Commerce’s Letters, dated November 4,
2020; Nantong Botao Chemical Co., Ltd.’s Letter,
‘‘Botao Verification Questionnaire Response,’’ dated
November 12, 2020; and Jiangyin Delian Chemical
Co., Ltd.’ s Letter, ‘‘Response to Questionnaire
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In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all appropriate entries of
corrosion inhibitors from China, as
described in the appendix to this notice,
which were entered, or withdrawn from
warehouse, for consumption on or after
September 10, 2020, the date of
publication of the Preliminary
Determination of this investigation in
the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, upon the publication of this
notice, Commerce will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
normal value exceeds U.S. price as
follows: (1) The cash deposit rate for the
exporter/producer combinations listed
in the table above will be the rate
identified in the table; (2) for all
Issued in Lieu of Verification,’’ dated November 12,
2020.
4 See Preliminary Determination PDM at 9–12.
5 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,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
Continuation of Suspension of
Liquidation
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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices
combinations of Chinese exporters/
producers of subject merchandise that
have not received their own separate
rate above, the cash deposit rate will be
the cash deposit rate established for the
China-wide entity; and (3) for all nonChinese exporters of subject
merchandise which have not received
their own separate rate above, the cash
deposit rate will be the cash deposit rate
applicable to the Chinese exporter/
producer combination that supplied that
non-Chinese exporter. These suspension
of liquidation instructions will remain
in effect until further notice.
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
makes an affirmative determination for
domestic subsidy pass-through or export
subsidies, Commerce offsets the
calculated estimated weighted-average
dumping margin by the appropriate
rates. Commerce continues to find that
both Botao and Delian qualify for a
double-remedy adjustment. We have
continued to adjust the cash deposit
rates for Botao, Delian, all nonindividually-examined companies, and
the China-wide entity for export
subsidies in the companion CVD
investigation by the appropriate export
subsidy rates 6 as indicated in the above
chart. However, suspension of
liquidation of provisional measures in
the companion CVD case has been
discontinued effective November 10,
2020; therefore, we are not instructing
CBP to collect cash deposits based upon
the adjusted estimated weighted-average
dumping margin for those export
subsidies and double remedy
adjustment at this time.
khammond on DSKJM1Z7X2PROD with NOTICES
International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. We will allow the ITC access
to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order (APO), without the
written consent of the Assistant
Secretary for Enforcement and
6 See Certain Corrosion Inhibitors from the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination, dated
concurrently with this notice.
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Compliance. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
subject merchandise from China no later
than 45 days after our final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated, and all
cash deposits posted will be refunded.
If the ITC determines that such injury
does exist, Commerce will issue an AD
order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition 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 the terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: January 25, 2021.
Christian Marsh,
Acting 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.
All forms of tolyltriazole and
benzotriazole, including but not limited to
flakes, granules, pellets, prills, needles,
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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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. China-Wide Rate
VII. Adjustment Under Section 777A(f) of the
Act
VIII. Adjustments to Cash Deposit Rates
IX. Changes Since the Preliminary
Determination
X. Discussion of the Issues
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Comment 1: Selection of Primary Surrogate
Country and Financial Statements
Comment 2: Surrogate Values for Ortho
Phenylene Diamine (oPDA) and Ortho
Toluene Diamine (oTDA)
Comment 3: Market Economy Purchases
Comment 4: Industry Support
XI. Conclusion
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provided to producers and exporters of
FEBs from China, Germany, India, and
Italy.1 In the investigation of FEBs from
China, an interested party to the
investigation submitted a timely filed
allegation on the record that Commerce
made certain ministerial errors in the
final countervailing duty determination
[FR Doc. 2021–01975 Filed 1–28–21; 8:45 am]
on FEBs from China. Section 705(e) of
BILLING CODE 3510–DS–P
the Act and 19 CFR 351.224(f) define
ministerial errors as errors in addition,
subtraction, or other arithmetic
DEPARTMENT OF COMMERCE
function, clerical errors resulting from
inaccurate copying, duplication, or the
International Trade Administration
like, and any other type of unintentional
[C–570–116, C–428–848, C–533–894, C–475– error which Commerce considers
841]
ministerial. We reviewed the allegations
and determined that we made certain
Forged Steel Fluid End Blocks From
ministerial errors in the final
the People’s Republic of China, the
countervailing duty determination on
Federal Republic of Germany, India,
FEBs from China. See ‘‘Amendment to
and Italy: Countervailing Duty Orders,
the Final Determination’’ section below
and Amended Final Affirmative
for further discussion.
Countervailing Duty Determination for
On January 25, 2021, the ITC notified
the People’s Republic of China
Commerce of its affirmative final
determinations that pursuant to sections
AGENCY: Enforcement and Compliance,
705(b)(1)(A)(i) and 705(d) of the Act,
International Trade Administration,
that an industry in the United States is
Department of Commerce.
materially injured by reason of
SUMMARY: Based on affirmative final
subsidized imports of subject
determinations by the Department of
merchandise from China, Germany,
Commerce (Commerce) and the
India, and Italy.2
International Trade Commission (ITC),
Commerce is issuing countervailing
Scope of the Orders
duty orders on forged steel fluid end
The merchandise covered by these
blocks (FEBs) from the People’s
orders
is FEBs from China, Germany,
Republic of China (China), the Federal
India, and Italy. For a complete
Republic of Germany (Germany), India,
description of the scope of these orders,
and Italy. In addition, Commerce is
see the appendix to this notice.
amending its final determination with
respect to FEBs from China to correct
Amendment to the Final Determination
ministerial errors.
of FEBs From China
DATES: Applicable January 29, 2021.
On December 21, 2020, Shanghai
FOR FURTHER INFORMATION CONTACT:
Qinghe Machinery Co., Ltd. (Qinghe)
Jaron Moore at (202) 482–3640 or Janae
timely alleged that the China Final
Martin at (202) 482–0238 (China);
Determination contained certain
Joseph Dowling at (202) 482–1646 or
ministerial errors and requested that
Robert Palmer at (202) 482–9068
Commerce correct such errors.3
(Germany); William Langley at (202)
Commerce reviewed the record and,
482–3861 or Nicholas Czajkowski at
on January 6, 2020, agreed that an error
(202) 482–1395 (India); and Konrad
1 See Forged Steel Fluid End Blocks from the
Ptaszynski at (202) 482–6187 or
People’s Republic of China: Final Affirmative
Nicholas Czajkowski at (202) 482–1395
Countervailing Duty Determination, 85 FR 80020
(Italy); AD/CVD Operations,
(December 11, 2020) (China Final Determination);
Enforcement and Compliance,
Forged Steel Fluid End Blocks From the Federal
Republic of Germany: Final Affirmative
International Trade Administration,
Countervailing Duty Determination, 85 FR 80011
U.S. Department of Commerce, 1401
(December 11, 2020); Forged Steel Fluid End Blocks
Constitution Avenue NW, Washington,
from India: Final Affirmative Countervailing Duty
DC 20230.
Determination, 85 FR 79999 (December 11, 2020);
and Forged Steel Fluid End Blocks from Italy: Final
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(a),
705(d), and 777(i)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(c), on December 11, 2020,
Commerce published its affirmative
final determinations that
countervailable subsidies are being
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Affirmative Countervailing Duty Determination, 85
FR 80022 (December 11, 2020).
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated January 25, 2021 (ITC
Notification Letter).
3 See Qinghe’s Letter, ‘‘Qinghe Comments on
Ministerial Errors in the Final Determination and
the Disclosed Calculations for Qinghe:
Countervailing Duty Investigation of Forged Steel
Fluid End Blocks from the People’s Republic of
China (C–570–116),’’ dated December 21, 2020.
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7535
referenced in Qinghe’s allegation
constituted a ministerial error within
the meaning of section 705(e) of the Act
and 19 CFR 351.224(f).4 Specifically,
Commerce found that it made an error
in calculating Qinghe’s sales
denominator used in the China Final
Determination by excluding ‘‘other
operating revenue’’ from the
denominator, and in the use of a
denominator other than the sales value
from the period of investigation.5
Pursuant to 19 CFR 351.224(e),
Commerce is amending the China Final
Determination to reflect the correction
of the ministerial error described above.
Based on this correction, the subsidy
rate for Qinghe decreased from 19.88
percent ad valorem to 19.31 percent ad
valorem.6 Because we based the allothers rate on Qinghe’s ad valorem
subsidy rate,7 the correction described
above also applies to the all-others rate.
As a result, the all-others rate
determined in the China Final
Determination also decreased from
19.52 percent ad valorem to 19.05
percent ad valorem.8 Because we used
the subsidy rate for several programs in
our calculation of the adverse facts
available (AFA) rate, the AFA rate also
decreased from 337.09 percent ad
valorem to 336.55 percent ad valorem.9
Countervailing Duty Orders
On January 25, 2021, in accordance
with sections 705(b)(1)(A)(i) and 705(d)
of the Act, the ITC notified Commerce
of its final determinations in these
investigations, in which it found that an
industry in the United States is
materially injured by reason of
subsidized imports of FEBs from China,
Germany, India, and Italy.10 Therefore,
in accordance with section 705(c)(2) of
the Act, Commerce is issuing these
countervailing duty orders. Because the
ITC determined that imports of FEBs
from China, Germany, India, and Italy
are materially injuring a U.S. industry,
unliquidated entries of such
merchandise from China, Germany,
India, and Italy, entered or withdrawn
from warehouse for consumption, are
subject to the assessment of
countervailing duties.
4 See Memorandum, ‘‘Countervailing Duty
Investigation of Forged Steel Fluid End Blocks from
the People’s Republic of China—Ministerial Error
Allegations in the Final Determination,’’ dated
January 6, 2021 (Ministerial Error Memorandum), at
1–3.
5 Id.
6 Id.
7 See China Final Determination, 85 FR at 80021.
8 See Ministerial Error Memorandum.
9 Id.
10 See ITC Notification Letter.
E:\FR\FM\29JAN1.SGM
29JAN1
]]>Agencies
[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Pages 7532-7535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01975]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of 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 is July 1, 2019 through December 31, 2019.
DATES: Applicable January 29, 2021.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan, AD/CVD Operations,
Office I, U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-2201.
SUPPLEMENTARY INFORMATION:
Background
On September 10, 2020, Commerce published its Preliminary
Determination of sales at LTFV of corrosion inhibitors from China.\1\
For a complete description of the events that followed the Preliminary
Determination, see the Issues and Decision Memorandum.\2\
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\1\ See 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, 85 FR 55825 (September 10, 2020)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Certain Corrosion Inhibitors from the
People's Republic of China: Issues and Decision Memorandum for the
Final Determination of Sales at Less Than Fair Value,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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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 the electronic versions of the Issues and Decision Memorandum are
identical in content.
[[Page 7533]]
Scope Comments
No interested party commented on the scope of the investigation.
Thus, we have not changed the scope of the investigation.
Scope of the Investigation
The products covered by this investigation are corrosion inhibitors
from China. For a complete description of the scope of the
investigation, see Appendix I.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\3\
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\3\ See Commerce's Letters, dated November 4, 2020; Nantong
Botao Chemical Co., Ltd.'s Letter, ``Botao Verification
Questionnaire Response,'' dated November 12, 2020; and Jiangyin
Delian Chemical Co., Ltd.' s Letter, ``Response to Questionnaire
Issued in Lieu of Verification,'' dated November 12, 2020.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the margin calculations. For a discussion of these changes,
see the Issues and Decision Memorandum.
Separate Rate Companies
No party commented on our preliminary separate rate determinations
with respect to the mandatory respondents and the non-individually
examined companies; \4\ thus, there is no basis to reconsider our
preliminary determinations with respect to separate rate status, and we
have continued to grant them a separate rate in this final
determination.
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\4\ See Preliminary Determination PDM at 9-12.
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China-Wide Entity Rate and the Use of Adverse Facts Available
Commerce continues to find that the use of facts available is
warranted in determining the rate of the China-wide entity pursuant to
sections 776(a)(1) and (a)(2)(A)-(C) of the Act. As discussed in the
Issues and Decision Memorandum, Commerce finds that the use of adverse
facts available (AFA) is warranted with respect to the China-wide
entity because the China-wide entity did not cooperate to the best of
its ability to comply with our requests for information and,
accordingly, we applied adverse inferences in selecting from the facts
available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a).
For the final determination, as AFA, we are assigning the China-wide
entity the highest transaction-specific dumping margin calculated for
Botao, 277.90 percent. Because this constitutes primary information,
the statutory corroboration requirement in section 776(c) of the Act
does not apply.
Combination Rates
Consistent with the Preliminary Determination and Policy Bulletin
05.1,\5\ Commerce calculated combination (producer/exporter) rates for
the respondents that are eligible for a separate rate in this
investigation.
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\5\ 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,'' dated 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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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
----------------------------------------------------------------------------------------------------------------
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., 130.52 72.50
Ltd.
Nantong Kanghua Chemical Co., Ltd...... Jiangyin Delian Chemical Co., 130.52 72.50
Ltd.
Nantong Botao Chemical Co., Ltd........ Nantong Botao Chemical Co., Ltd 139.41 101.71
Anhui Trust Chem Co., Ltd.............. Anhui Trust Chem Co., Ltd...... 134.97 87.11
Gold Chemical Limited.................. Gold Chemical Limited.......... 134.97 87.11
Jiangsu Bohan Industry Trade Co., Ltd.. Gold Chemical Limited.......... 134.97 87.11
Jiangyin Gold Fuda Chemical Co., Ltd... Gold Chemical Limited.......... 134.97 87.11
Ningxia Ruitai Technology Co., Ltd..... Gold Chemical Limited.......... 134.97 87.11
SHANGHAI SUNTECH BIOCHEMICAL CO., LTD.. Gold Chemical Limited.......... 134.97 87.11
Nantong Kanghua Chemical Co., Ltd...... Nantong Kanghua Chemical Co., 134.97 87.11
Ltd.
Anhui Trust Chem Co., Ltd.............. Nanjing Trust Chem Co., Ltd.... 134.97 87.11
China-Wide Entity...................... ............................... 277.90 241.02
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Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of corrosion inhibitors
from China, as described in the appendix to this notice, which were
entered, or withdrawn from warehouse, for consumption on or after
September 10, 2020, the date of publication of the Preliminary
Determination of this investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the weighted-average amount by which the normal
value exceeds U.S. price as follows: (1) The cash deposit rate for the
exporter/producer combinations listed in the table above will be the
rate identified in the table; (2) for all
[[Page 7534]]
combinations of Chinese exporters/producers of subject merchandise that
have not received their own separate rate above, the cash deposit rate
will be the cash deposit rate established for the China-wide entity;
and (3) for all non-Chinese exporters of subject merchandise which have
not received their own separate rate above, the cash deposit rate will
be the cash deposit rate applicable to the Chinese exporter/producer
combination that supplied that non-Chinese exporter. These suspension
of liquidation instructions will remain in effect until further notice.
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 makes an affirmative
determination for domestic subsidy pass-through or export subsidies,
Commerce offsets the calculated estimated weighted-average dumping
margin by the appropriate rates. Commerce continues to find that both
Botao and Delian qualify for a double-remedy adjustment. We have
continued to adjust the cash deposit rates for Botao, Delian, all non-
individually-examined companies, and the China-wide entity for export
subsidies in the companion CVD investigation by the appropriate export
subsidy rates \6\ as indicated in the above chart. However, suspension
of liquidation of provisional measures in the companion CVD case has
been discontinued effective November 10, 2020; therefore, we are not
instructing CBP to collect cash deposits based upon the adjusted
estimated weighted-average dumping margin for those export subsidies
and double remedy adjustment at this time.
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\6\ See Certain Corrosion Inhibitors from the People's Republic
of China: Final Affirmative Countervailing Duty Determination, dated
concurrently with this notice.
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International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order (APO), without the written consent of the Assistant
Secretary for Enforcement and Compliance. Because the final
determination in this proceeding is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
subject merchandise from China no later than 45 days after our final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded. If the ITC determines that such injury does exist,
Commerce will issue an AD order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition 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 the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: January 25, 2021.
Christian Marsh,
Acting 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. China-Wide Rate
VII. Adjustment Under Section 777A(f) of the Act
VIII. Adjustments to Cash Deposit Rates
IX. Changes Since the Preliminary Determination
X. Discussion of the Issues
[[Page 7535]]
Comment 1: Selection of Primary Surrogate Country and Financial
Statements
Comment 2: Surrogate Values for Ortho Phenylene Diamine (oPDA)
and Ortho Toluene Diamine (oTDA)
Comment 3: Market Economy Purchases
Comment 4: Industry Support
XI. Conclusion
[FR Doc. 2021-01975 Filed 1-28-21; 8:45 am]
BILLING CODE 3510-DS-P
