Chlorinated Isocyanurates from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, and Final Determination of No Shipments; 2018-2019, 22932-22934 [2021-09075]
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22932
Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov.
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–32–2021]
jbell on DSKJLSW7X2PROD with NOTICES
Foreign-Trade Zone (FTZ) 38—
Charleston, South Carolina;
Notification of Proposed Production
Activity; BMW Manufacturing
Company, LLC (Passenger Motor
Vehicles); Spartanburg, South Carolina
BMW Manufacturing Company, LLC
(BMW MC) submitted a notification of
proposed production activity to the FTZ
Board for its facility in Spartanburg,
South Carolina. The notification
conforming to the requirements of the
regulations of the FTZ Board (15 CFR
400.22) was received on April 21, 2021.
BMW MC already has authority to
produce gasoline and diesel-powered
motor vehicles, gasoline-powered
hybrid plug-in electric motor vehicles,
motor vehicle bodies, stamped body
parts, and lithium ion batteries within
Subzone 38A. The current request
would add diesel-powered hybrid plugin electric motor vehicles to the scope
of authority. Pursuant to 15 CFR
400.14(b), additional FTZ authority
would be limited to the specific finished
product described in the submitted
notification (as described below) and
subsequently authorized by the FTZ
Board.
Production under FTZ procedures
could exempt BMW MC from customs
duty payments on the foreign-status
materials/components used in export
production. On its domestic sales, for
the foreign-status materials/components
in the existing scope of authority, BMW
MC would be able to choose the duty
rates during customs entry procedures
that apply to diesel powered hybrid
plug-in electric motor vehicles (duty
rate 2.5%). BMW MC would be able to
avoid duty on foreign-status
components which become scrap/waste.
Customs duties also could possibly be
deferred or reduced on foreign-status
production equipment.
There are no new materials/
components included in this
notification.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is June
9, 2021.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
VerDate Sep<11>2014
19:58 Apr 29, 2021
Jkt 253001
Dated: April 26, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–09070 Filed 4–29–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–33–2021]
Foreign-Trade Zone (FTZ) 293—Limon,
Colorado; Notification of Proposed
Production Activity; Kaiser Premier
LLC (Special Purpose Vehicles); Fort
Morgan, Colorado
The Town of Limon, Colorado,
grantee of FTZ 293, submitted a
notification of proposed production
activity to the FTZ Board on behalf of
Kaiser Premier LLC (Kaiser), located in
Fort Morgan, Colorado. The notification
conforming to the requirements of the
regulations of the FTZ Board (15 CFR
400.22) was received on April 19, 2021.
The Kaiser facility is located within
Subzone 293A. The facility is used for
production of special purpose vehicles.
Pursuant to 15 CFR 400.14(b), FTZ
activity would be limited to the specific
foreign-status materials and components
and specific finished products described
in the submitted notification (as
described below) and subsequently
authorized by the FTZ Board.
Production under FTZ procedures
could exempt Kaiser from customs duty
payments on the foreign-status
components used in export production.
On its domestic sales, for the foreignstatus materials/components noted
below, Kaiser would be able to choose
the duty rates during customs entry
procedures that apply to combined
sewer cleaning and water recycling
vehicles and hydro excavation
equipment vehicles (duty free). Kaiser
would be able to avoid duty on foreignstatus components which become scrap/
waste. Customs duties also could
possibly be deferred or reduced on
foreign-status production equipment.
The components and materials
sourced from abroad include back end
vehicle body kits, water distributors,
hose booms, hose guides, hand reels,
water recycling systems, high pressure
pumps, control cabinets, stainless steel
tank covers, vacuum pumps, and copper
check valves (duty rate ranges from duty
free to 3.0%). The request indicates that
certain materials/components are
subject to duties under Section 301 of
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Fmt 4703
Sfmt 4703
the Trade Act of 1974 (Section 301),
depending on the country of origin. The
applicable Section 301 decisions require
subject merchandise to be admitted to
FTZs in privileged foreign status (19
CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is June
9, 2021.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Juanita Chen at juanita.chen@trade.gov
or 202–482–1378.
Dated: April 26, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–09073 Filed 4–29–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–898]
Chlorinated Isocyanurates from the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review, and Final
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that Heze Huayi
Chemical Co., Ltd. (Heze Huayi) sales of
chlorinated isocyanurates (chlorinated
isos) from the People’s Republic of
China (China) have been made at less
than normal value during the period of
review (POR), June 1, 2018, through
May 31, 2019, and Juancheng Kangtai
Chemical Co., Ltd. (Kangtai) had no
shipments of subject merchandise
during the POR.
DATES: Applicable April 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3964.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 26, 2020, the Department
of Commerce (Commerce) published its
Preliminary Results of the
E:\FR\FM\30APN1.SGM
30APN1
Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices
administrative review of the
antidumping duty order on chlorinated
isos from the People’s Republic of China
(China).1 The petitioners in this
investigation are Bio-lab, Inc., Clearon
Corp., and Occidental Chemical Corp.
(collectively, the petitioners). The
mandatory respondents in this
administrative review are Heze Huayi
and Kangtai. A complete summary of
the events that occurred since
publication of the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.2
Scope of the Order
The products covered by the order are
chlorinated isos, which are derivatives
of cyanuric acid, described as
chlorinated s-triazine triones. For a full
description of the scope of the order, see
Issues and Decision Memorandum.3
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs submitted by
parties in this review in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
the 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 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/.
Changes Since the Preliminary Results
jbell on DSKJLSW7X2PROD with NOTICES
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made two changes to our
margin calculations. Specifically, we
applied the correct ocean freight rate to
convert the Mexican Global Trade Atlas
(GTA) data from a ‘‘freight-on-board’’
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, and
Preliminary Determination of No Shipments; 2018–
2019, 85 FR 67709 (October 26, 2020) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review: Chlorinated
Isocyanurates from China; 2018–2019, issued
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 Id.
VerDate Sep<11>2014
19:58 Apr 29, 2021
Jkt 253001
(FOB) to a ‘‘cost of insurance and
freight’’ (CIF) basis for certain inputs. In
addition, we have revised the Mexican
GTA import data with respect to HTS
282720 for calcium chloride for exports
that were not properly excluded.
Final Determination of No Shipments
In the Preliminary Results, we found
that Kangtai had no entries of subject
merchandise during the POR.4 No
parties commented on, nor did we
receive information that contradicts this
preliminary determination. Therefore,
for the final results, we continue to find
that Kangtai had no reviewable entries
during the POR.
Separate Rates
In the Preliminary Results, we found
that evidence provided by Heze Huayi
supported finding an absence of both de
jure and de facto government control,
and, therefore, we preliminarily granted
a separate rate to Heze Huayi.5 No
parties commented on, nor did we
receive information that contradicts this
preliminary determination. Therefore,
for the final results, we continue to find
that Heze Huayi is eligible for a separate
rate.
Final Results of Administrative Review
Commerce determines that the
following weighted-average dumping
margin exists for Heze Huayi for the
period of June 1, 2018, through May 31,
2019:
Weightaverage
dumping
margin
percentage
Exporter
Heze Huayi Chemical Co., Ltd. ..
70.31
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b), Commerce has
determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Consistent with its recent
notice,6 Commerce intends to issue
appropriate assessment instructions
directly to CBP no earlier than 35 days
after the date of publication of the final
results of this review in the Federal
Register. If a timely summons is filed at
4 See
Preliminary Results, 85 FR 67709–67710.
Preliminary Results PDM at 3–5.
6 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
5 See
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Frm 00003
Fmt 4703
Sfmt 4703
22933
the U.S. Court of International Trade,
the assessment instructions will direct
CBP not to liquidate relevant entries
until the time for parties to file a request
for a statutory injunction has expired
(i.e., within 90 days of publication).
Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).7 Where
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
to assess importer-specific assessment
rates based on the resulting per-unit
rates.8 Where an importer- (or customer-)
specific ad valorem or per-unit rate is
greater than de minimis (i.e., 0.50
percent), Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation.9 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.10
China-Wide Entity
Pursuant to Commerce’s assessment
practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, Commerce
will instruct CBP to liquidate such
entries at the China-wide entity rate.
Additionally, if Commerce determines
that an exporter had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
China-wide entity rate.11
Commerce’s policy regarding the
conditional review of the China-wide
entity applies to this administrative
review.12 Under this policy, the China7 See
19 CFR 351.212(b)(1).
8 Id.
9 Id.
10 See
19 CFR 351.106(c)(2).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011). For an explanation on
the derivation of the China-wide rate, see also
Notice of Final Determination of Sales at Less Than
Fair Value: Chlorinated Isocyanurates from the
People’s Republic of China, 70 FR 24502, 24505
(May 10, 2005).
12 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
11 See
E:\FR\FM\30APN1.SGM
Continued
30APN1
22934
Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices
wide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, we did
not review the entity in this segment of
the proceeding. Thus, the China-wide
entity’s rate (i.e., 285.63 percent) did not
change.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate established in the
final results of this review (except, if the
rate is zero or de minimis, a zero cash
deposit rate will be required for that
company); (2) for previously
investigated or reviewed China and nonChina exporters not listed above that
have separate rates, the cash deposit rate
will continue to be the existing
producer/exporter-specific rate
published for the most recent period; (3)
for all China exporters of subject
merchandise that have not been found
to be eligible for a separate rate, the cash
deposit rate will be the China-wide rate
of 285.63 percent; and (4) for all nonChina exporters of subject merchandise
that have not received their own rate,
the cash deposit rate will be the rate
applicable to the China exporter(s) that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations
performed regarding these final results
within five days of the date of
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
jbell on DSKJLSW7X2PROD with NOTICES
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) 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
has occurred and the subsequent
assessment of doubled antidumping
duties.
DEPARTMENT OF COMMERCE
Notification Regarding Administrative
Protective Orders
Certain Softwood Lumber Products
from Canada: Notice of Initiation and
Preliminary Results of Antidumping
Duty Changed Circumstances Review
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(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. 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
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(h).
Dated: April 26, 2021.
Christian Marsh,
Acting 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. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Selection of Mexico as the
Primary Surrogate Country Instead of
Malaysia
Comment 2: Adjusting the Mexican Freight
On-Board (FOB) GTA Import Data to a
Cost of Insurance and Freight (CIF) Value
Comment 3: Use of the Mexican Orbia
Financial Statements in the Calculation
of Surrogate Value Financial Ratios
Comment 4: Use of Alternative Mexican
Labor Data
Comment 5: Mexican Surrogate Value for
Natural Gas
Comment 6: Clerical Errors in the
Calculation of Preliminary Dumping
Margin
VI. Recommendation
[FR Doc. 2021–09075 Filed 4–29–21; 8:45 am]
BILLING CODE 3510–DS–P
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
VerDate Sep<11>2014
19:58 Apr 29, 2021
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Fmt 4703
Sfmt 4703
International Trade Administration
[A–122–857]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating a changed
circumstances review (CCR) to
determine whether Chaleur Forest
Products LP (CFP LP) and Chaleur
Forest Products Inc. (CFP Inc.) are the
successors-in-interest (SIIs) to Chaleur
Sawmills LP (Chaleur LP) and Fornebu
Lumber Co. Inc. (Fornebu Inc.),
respectively, in the context of the
antidumping duty (AD) order on certain
softwood lumber products from Canada.
We preliminarily determine that CFP LP
and CFP Inc. are the SIIs to Chaleur LP
and Fornebu Inc., respectively.
DATES: Applicable April 30, 2021.
FOR FURTHER INFORMATION CONTACT: Eric
B. Greynolds, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 481–6071.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 3, 2018, Commerce
published in the Federal Register an AD
order on certain softwood lumber
products from Canada.1 On March 11,
2021, CFP LP and CFP Inc. (collectively
the Chaleur Companies) requested that,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act), 19
CFR 351.216, and 19 CFR 351.221(c)(3),
Commerce conduct a CCR of the Order
to confirm that CFP LP and CFP Inc. are
the SIIs to Chaleur LP and Fornebu Inc.,
respectively, and accordingly, to assign
them the cash deposit rates of Chaleur
LP and Fornebu Inc.2 In its submission,
the Chaleur Companies state that
Chaleur LP and Fornebu Inc. undertook
name changes to CFP LP and CFP Inc.,
respectively, but are otherwise
unchanged.3 In a March 19, 2021, filing,
the Committee Overseeing Action for
Lumber International Trade
1 See Certain Softwood Lumber Products from
Canada: Antidumping Duty Order and Partial
Amended Final Determination, 83 FR 350 (January
3, 2018) (Order).
2 See Chaleur Companies’ Letter, ‘‘Chaleur’s
Request for Changed Circumstances Reviews,’’
dated March 11, 2021 (CCR Request).
3 Id. at 2–3.
E:\FR\FM\30APN1.SGM
30APN1
Agencies
[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Notices]
[Pages 22932-22934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09075]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, and Final
Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that Heze Huayi
Chemical Co., Ltd. (Heze Huayi) sales of chlorinated isocyanurates
(chlorinated isos) from the People's Republic of China (China) have
been made at less than normal value during the period of review (POR),
June 1, 2018, through May 31, 2019, and Juancheng Kangtai Chemical Co.,
Ltd. (Kangtai) had no shipments of subject merchandise during the POR.
DATES: Applicable April 30, 2021.
FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3964.
SUPPLEMENTARY INFORMATION:
Background
On October 26, 2020, the Department of Commerce (Commerce)
published its Preliminary Results of the
[[Page 22933]]
administrative review of the antidumping duty order on chlorinated isos
from the People's Republic of China (China).\1\ The petitioners in this
investigation are Bio-lab, Inc., Clearon Corp., and Occidental Chemical
Corp. (collectively, the petitioners). The mandatory respondents in
this administrative review are Heze Huayi and Kangtai. A complete
summary of the events that occurred since publication of the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, and Preliminary Determination of No Shipments; 2018-2019, 85
FR 67709 (October 26, 2020) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Chlorinated
Isocyanurates from China; 2018-2019, issued concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are chlorinated isos, which are
derivatives of cyanuric acid, described as chlorinated s-triazine
triones. For a full description of the scope of the order, see Issues
and Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
submitted by parties in this review in the Issues and Decision
Memorandum, which is hereby adopted by this notice. A list of the
issues addressed in the Issues and Decision Memorandum is provided in
the 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
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/.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made two
changes to our margin calculations. Specifically, we applied the
correct ocean freight rate to convert the Mexican Global Trade Atlas
(GTA) data from a ``freight-on-board'' (FOB) to a ``cost of insurance
and freight'' (CIF) basis for certain inputs. In addition, we have
revised the Mexican GTA import data with respect to HTS 282720 for
calcium chloride for exports that were not properly excluded.
Final Determination of No Shipments
In the Preliminary Results, we found that Kangtai had no entries of
subject merchandise during the POR.\4\ No parties commented on, nor did
we receive information that contradicts this preliminary determination.
Therefore, for the final results, we continue to find that Kangtai had
no reviewable entries during the POR.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 85 FR 67709-67710.
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, we found that evidence provided by Heze
Huayi supported finding an absence of both de jure and de facto
government control, and, therefore, we preliminarily granted a separate
rate to Heze Huayi.\5\ No parties commented on, nor did we receive
information that contradicts this preliminary determination. Therefore,
for the final results, we continue to find that Heze Huayi is eligible
for a separate rate.
---------------------------------------------------------------------------
\5\ See Preliminary Results PDM at 3-5.
---------------------------------------------------------------------------
Final Results of Administrative Review
Commerce determines that the following weighted-average dumping
margin exists for Heze Huayi for the period of June 1, 2018, through
May 31, 2019:
------------------------------------------------------------------------
Weight-
average
Exporter dumping
margin
percentage
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd................................ 70.31
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. Consistent with its recent
notice,\6\ Commerce intends to issue appropriate assessment
instructions directly to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
---------------------------------------------------------------------------
\6\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
---------------------------------------------------------------------------
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\7\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer-specific assessment rates based on the resulting
per-unit rates.\8\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is greater than de minimis (i.e., 0.50
percent), Commerce will instruct CBP to collect the appropriate duties
at the time of liquidation.\9\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\10\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.212(b)(1).
\8\ Id.
\9\ Id.
\10\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
China-Wide Entity
Pursuant to Commerce's assessment practice, for entries that were
not reported in the U.S. sales databases submitted by companies
individually examined during this review, Commerce will instruct CBP to
liquidate such entries at the China-wide entity rate. Additionally, if
Commerce determines that an exporter had no shipments of the subject
merchandise, any suspended entries that entered under that exporter's
case number (i.e., at that exporter's rate) will be liquidated at the
China-wide entity rate.\11\
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011). For an
explanation on the derivation of the China-wide rate, see also
Notice of Final Determination of Sales at Less Than Fair Value:
Chlorinated Isocyanurates from the People's Republic of China, 70 FR
24502, 24505 (May 10, 2005).
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Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\12\ Under this
policy, the China-
[[Page 22934]]
wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, we did not review
the entity in this segment of the proceeding. Thus, the China-wide
entity's rate (i.e., 285.63 percent) did not change.
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\12\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in the
final results of this review (except, if the rate is zero or de
minimis, a zero cash deposit rate will be required for that company);
(2) for previously investigated or reviewed China and non-China
exporters not listed above that have separate rates, the cash deposit
rate will continue to be the existing producer/exporter-specific rate
published for the most recent period; (3) for all China exporters of
subject merchandise that have not been found to be eligible for a
separate rate, the cash deposit rate will be the China-wide rate of
285.63 percent; and (4) for all non-China exporters of subject
merchandise that have not received their own rate, the cash deposit
rate will be the rate applicable to the China exporter(s) that supplied
that non-China exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 has occurred and the subsequent assessment of
doubled antidumping duties.
Notification Regarding Administrative Protective Orders
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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.213(h).
Dated: April 26, 2021.
Christian Marsh,
Acting 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. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Selection of Mexico as the Primary Surrogate Country
Instead of Malaysia
Comment 2: Adjusting the Mexican Freight On-Board (FOB) GTA
Import Data to a Cost of Insurance and Freight (CIF) Value
Comment 3: Use of the Mexican Orbia Financial Statements in the
Calculation of Surrogate Value Financial Ratios
Comment 4: Use of Alternative Mexican Labor Data
Comment 5: Mexican Surrogate Value for Natural Gas
Comment 6: Clerical Errors in the Calculation of Preliminary
Dumping Margin
VI. Recommendation
[FR Doc. 2021-09075 Filed 4-29-21; 8:45 am]
BILLING CODE 3510-DS-P