Chlorinated Isocyanurates From the People's Republic of China: Final Determination of No Shipments; 2019-2020 Administrative Review, 36253-36255 [2021-14639]
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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices
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China.1 On November 3, 2020,
Commerce published the notice of
initiation of the first sunset review of
the Orders, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 On November 10, 2020,
Commerce received notices of intent to
participate from Cornerstone Chemical
Company (Cornerstone, or domestic
interested party), within the deadline
specified in 19 CFR 351.218(d)(1)(i).3
Cornerstone claimed interested party
status under section 771(9)(C) of the
Act, as a domestic producer engaged in
the production of melamine in the
United States.
On November 25, 2020, Commerce
received substantive responses from the
domestic interested party within the 30day deadline specified in 19 CFR
351.218(d)(3)(i).4 We received no
substantive responses from any other
domestic or interested parties and no
hearing was requested.
On December 23, 2020, Commerce
notified the ITC that it did not receive
adequate substantive responses 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
conducted expedited (120-day) sunset
reviews of these Orders.
As a result of its reviews, Commerce
determined that revocation of the AD
and CVD orders on melamine from
China would likely lead to continuation
or recurrence of dumping and
subsidization. Therefore, Commerce
notified the ITC of the magnitude of the
margins likely to prevail should the
orders be revoked, pursuant to sections
751(c)(1) and 752(b) and (c) of the Act.6
1 See Melamine from the People’s Republic of
China: Antidumping Duty and Countervailing Duty
Orders, 80 FR 80751 (December 28, 2015) (Orders).
2 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
85 FR 69585 (November 3, 2020).
3 See Cornerstone’s Letter, ‘‘Five-Year (‘Sunset’)
Review Of Countervailing Duty Order On Melamine
from the People’s Republic Of China: Domestic
Interested Party Notice of Intent to Participate,’’
dated November 10, 2020; see also Cornerstone’s
Letter, ‘‘Five-Year (‘Sunset’) Review Of
Antidumping Duty Order On Melamine from the
People’s Republic Of China: Domestic Interested
Party Notice of Intent to Participate,’’ dated
November 10, 2020.
4 See Cornerstone’s Letter, ‘‘Five-Year (‘Sunset’)
Review Of Countervailing Duty Order On Melamine
from the People’s Republic Of China: Domestic
Interested Party Substantive Response,’’ dated
November 25, 2020; see also Cornerstone’s Letter,
‘‘Five-Year (‘Sunset’) Review Of Antidumping Duty
Order On Melamine from the People’s Republic Of
China: Domestic Interested Party Substantive
Response,’’ dated November 25, 2020.
5 See Commerce’s Letter, ‘‘Sunset Reviews for
November 2020,’’ dated December 23, 2020.
6 See Melamine from the People’s Republic of
China: Final Results of the Expedited Five-Year
Sunset Review of the Countervailing Duty Order, 86
FR 11501 (February 25, 2021); see also Melamine
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On July 6, 2021, the ITC published its
determinations, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Orders would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.7
Scope of the Orders
The merchandise subject to the
Orders is melamine (Chemical Abstracts
Service (CAS) registry number 108–78–
01, molecular formula C3H6N6).8
Melamine is a crystalline powder or
granule typically (but not exclusively)
used to manufacture melamine
formaldehyde resins. All melamine is
covered by the scope of these Orders
irrespective of purity, particle size, or
physical form. Melamine that has been
blended with other products is included
within this scope when such blends
include constituent parts that have been
intermingled, but that have not been
chemically reacted with each other to
produce a different product. For such
blends, only the melamine component
of the mixture is covered by the scope
of these Orders. Melamine that is
otherwise subject to these orders is not
excluded when commingled with
melamine from sources not subject to
these Orders. Only the subject
component of such commingled
products is covered by the scope of
these Orders.
The subject merchandise is provided
for in subheading 2933.61.0000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheading and CAS registry
number are provided for convenience
and customs purposes, the written
description of the scope is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a),
Commerce hereby orders the
continuation of the AD and CVD orders
on melamine from China. U.S. Customs
and Border Protection will continue to
collect AD and CVD cash deposits at the
36253
rates in effect at the time of entry for all
imports of subject merchandise.
The effective date of continuation of
these Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year
reviews of the Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: July 6, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–14640 Filed 7–8–21; 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
Determination of No Shipments; 2019–
2020 Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) finds that Heze Huayi
Chemical Co., Ltd. (Heze Huayi) and
Juancheng Kangtai Chemical Co., Ltd.
(Kangtai) did not have any shipments of
subject merchandise during the period
of review (POR) June 1, 2019, through
May 31, 2020.
SUMMARY:
DATES:
Applicable July 9, 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:
from the People’s Republic of China: Final Results
of the Expedited Five-Year Sunset Review of the
Antidumping Duty Order, 86 FR 13528 (March 9,
2021).
7 See Melamine from China, 86 FR 35531 (July 6,
2021).
8 Melamine is also known as 2,4,6-triamino-striazine; 1,3,5-Triazine-2,4,6-triamine;
Cyanurotriamide; Cyanurotriamine; Cyanuramide;
and by various brand names.
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Background
On March 8, 2021, Commerce
published its Preliminary Results of the
administrative review of the
antidumping duty order on chlorinated
isocyanurates (chlorinated isos) from
China covering the period June 1, 2019,
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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices
through May 31, 2020.1 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. No case or rebuttal briefs
for this review were submitted by the
parties.
On September 8, 2020, Heze Huayi
and Kangtai both certified that their
respective companies had no entries of
subject merchandise during the POR.2
On November 17, 2020, our review of
U.S. Customs and Border Protection
(CBP) data indicated that Heze Huayi
and Kangtai had no entries of subject
merchandise originating from China,
that were subject to antidumping duties
during the POR.3 On May 19, 2021,
Commerce issued a no shipment inquiry
to CBP with respect to Heze Huayi and
Kangtai.4 On May 24, 2021, CBP
responded that it has no record of any
subject entries for this inquiry.5
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
Preliminary Decision Memorandum.6
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.213.
jbell on DSKJLSW7X2PROD with NOTICES
Final Determination of No Shipments
In the Preliminary Results, we found
that Heze Huayi and Kangtai had no
entries of subject merchandise during
the POR.7 No parties commented on,
nor did we receive information that
contradicts this preliminary
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Determination of No
Shipments; 2019–2020, 86 FR 13291 (March 8,
2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Heze Huayi’s Letter, ‘‘Chlorinated
Isocyanurates from the People’s Republic of China:
No Sales Certification,’’ dated September 8, 2020;
see also Kangtai’s Letter, ‘‘Chlorinated
Isocyanurates from the People’s Republic of China:
No Sales Certification,’’ dated September 8, 2020.
3 See Memorandum, ‘‘U.S. Customs and Border
Protection (CBP) Data for Heze Huayi Chemical Co.,
Ltd. and Juancheng Kangtai Chemical Co., Ltd.,’’
dated November 17, 2020.
4 CBP message 1139404, dated May 19, 2021.
5 See Memorandum, ‘‘Chlorinated Isocyanurates
from the People’s Republic of China; No Shipment
Inquiry for Heze Huayi Chemical Co., Ltd. and
Juancheng Kangtai Chemical Co., Ltd. during the
period 06/01/2019 through 05/31/2020,’’ dated May
25, 2021.
6 See Preliminary Results PDM at 2.
7 See Preliminary Results, 86 FR 13291–13292.
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determination. Therefore, for the final
results, we continue to find that Heze
Huayi and Kangtai had no reviewable
entries during the POR. Consistent with
our assessment practice in non-market
economy administrative reviews,
Commerce did not rescind this review
for Heze Huayi and Kangtai but
completed the review and will issue
appropriate instructions to CBP based
on these final results.8
China-Wide Entity
Pursuant to Commerce’s policy, the
China-wide entity will not be under
review unless a party specifically
requests, or Commerce self-initiates, a
review of the entity.9 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.
Assessment Rates
Pursuant to Commerce’s assessment
practice, if Commerce determines that
an exporter had no shipments of the
subject merchandise, we intend to issue
liquidation instructions for any
suspended entries that entered under
that exporter’s case number (i.e., at that
exporter’s rate) and to liquidate at the
China-wide entity rate.10
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and 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,11 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
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011); see also the
‘‘Assessment Rates’ ’’ section, below.
9 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).
10 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 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).
11 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).
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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).
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 Heze
Huayi and Kangtai, the cash deposit rate
will continue to be the existing
producer/exporter-specific rate
published for the most recent period; (2)
for previously investigated or reviewed
Chinese and non-Chinese 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 Chinese 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 nonChinese exporters of subject
merchandise that have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter(s) that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
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 that 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
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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices
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: July 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–14639 Filed 7–8–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–896]
Magnesium Metal From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that
Tianjin Magnesium International, Co.,
Ltd. (TMI) and Tianjin Magnesium
Metal, Co., Ltd. (TMM) had no
shipments of subject merchandise
covered by the antidumping duty order
on magnesium metal from the People’s
Republic of China (China) for the period
of review (POR) April 1, 2019, through
May 31, 2020.
DATES: Applicable July 9, 2021.
FOR FURTHER INFORMATION CONTACT: Kyle
Clahane, 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) 482–5449.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Background
On March 4, 2021, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 No interested party
submitted comments concerning the
Preliminary Results or requested a
hearing in this administrative review.
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1 See Magnesium Metal from the People’s
Republic of China: Preliminary Results of
Antidumping Administrative Review; 2019–20, 86
FR 12621 (March 4, 2021) (Preliminary Results).
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1930, as amended (the Act). The current
deadline for these final results is July 2,
2021.
Scope of the Order 2
The product covered by the Order is
magnesium metal from China, which
includes primary and secondary alloy
magnesium metal, regardless of
chemistry, raw material source, form,
shape, or size. Magnesium is a metal or
alloy containing by weight primarily the
element magnesium. Primary
magnesium is produced by
decomposing raw materials into
magnesium metal. Secondary
magnesium is produced by recycling
magnesium-based scrap into magnesium
metal. The magnesium covered by the
Order includes blends of primary and
secondary magnesium. The subject
merchandise includes the following
alloy magnesium metal products made
from primary and/or secondary
magnesium including, without
limitation, magnesium cast into ingots,
slabs, rounds, billets, and other shapes;
magnesium ground, chipped, crushed,
or machined into rasping, granules,
turnings, chips, powder, briquettes, and
other shapes; and products that contain
50 percent or greater, but less than 99.8
percent, magnesium, by weight, and that
have been entered into the United States
as conforming to an ‘‘ASTM
Specification for Magnesium Alloy’’ 3
and are thus outside the scope of the
existing antidumping orders on
magnesium from China (generally
referred to as ‘‘alloy’’ magnesium).
The scope of the Order excludes: (1)
All forms of pure magnesium, including
chemical combinations of magnesium
and other material(s) in which the pure
magnesium content is 50 percent or
greater, but less than 99.8 percent, by
weight, that do not conform to an
‘‘ASTM Specification for Magnesium
Alloy;’’ 4 (2) magnesium that is in liquid
or molten form; and (3) mixtures
containing 90 percent or less
magnesium in granular or powder form
by weight and one or more of certain
2 See Notice of Antidumping Duty Order:
Magnesium Metal from the People’s Republic of
China, 70 FR 19928 (April 15, 2005) (Order).
3 The meaning of this term is the same as that
used by the American Society for Testing and
Materials in its Annual Book for ASTM Standards:
Volume 01.02 Aluminum and Magnesium Alloys.
4 The material is already covered by existing
antidumping orders. See Notice of Antidumping
Duty Orders: Pure Magnesium from the People’s
Republic of China, the Russian Federation and
Ukraine; Notice of Amended Final Determination of
Sales at Less Than Fair Value: Antidumping Duty
Investigation of Pure Magnesium from the Russian
Federation, 60 FR 25691 (May 12, 1995); and
Antidumping Duty Order: Pure Magnesium in
Granular Form from the People’s Republic of China,
66 FR 57936 (November 19, 2001).
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36255
non-magnesium granular materials to
make magnesium-based reagent
mixtures, including lime, calcium
metal, calcium silicon, calcium carbide,
calcium carbonate, carbon, slag
coagulants, fluorspar, nephaline syenite,
feldspar, alumina (Al203), calcium
aluminate, soda ash, hydrocarbons,
graphite, coke, silicon, rare earth
metals/mischmetal, cryolite, silica/fly
ash, magnesium oxide, periclase,
ferroalloys, dolomite lime, and
colemanite.5 The merchandise subject to
this Order is classifiable under items
8104.19.00, and 8104.30.00 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined TMI and TMM had no
shipments of subject merchandise to the
United States during the POR.6 As noted
in the Preliminary Results, we received
no-shipment statements from TMI and
TMM, and the statements were
consistent with the information we
received from U.S. Customs and Border
Protection (CBP).7 Because Commerce
did not receive any comments on its
preliminary finding, Commerce
continues to find that TMI and TMM
did not have any shipments of subject
merchandise during the POR.
Assessment Rates
We have not calculated any
assessment rates in this administrative
review. Based on record evidence, we
have determined that TMI and TMM
5 This third exclusion for magnesium-based
reagent mixtures is based on the exclusion for
reagent mixtures in the 2000–2001 investigations of
magnesium from China, Israel, and Russia. See
Final Determination of Sales at Less Than Fair
Value: Pure Magnesium in Granular Form from the
People’s Republic of China, 66 FR 49345
(September 27, 2001); see also Final Determination
of Sales at Less Than Fair Value: Pure Magnesium
from Israel, 66 FR 49349 (September 27, 2001); and
Final Determination of Sales at Not Less Than Fair
Value: Pure Magnesium from the Russian
Federation, 66 FR 49347 (September 27, 2001).
These mixtures are not magnesium alloys, because
they are not combined in liquid form and cast into
the same ingot.
6 See Preliminary Results, 86 FR at 12622.
7 See Memorandum, ‘‘Correction of February 2,
2021 Memorandum Placing CBP Data on the
Record,’’ dated February 3, 2021; see also
Memorandum, ‘‘Magnesium Metal from China; No
Shipment Inquiry for Tianjin Magnesium
International Co., Ltd and Tianjin Magnesium Metal
Co., Ltd. during the period 04/01/2019 through 03/
31/2020,’’ dated February 24, 2021. On February 5,
2021, Commerce issued a no shipment inquiry to
CBP with respect to TMI and TMM. On February
18, 2021, CBP responded that it had no evidence
of shipments of magnesium metal from China
exported by TMI and TMM during the POR.
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]]>Agencies
[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36253-36255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14639]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Final Determination of No Shipments; 2019-2020 Administrative Review
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) and Juancheng Kangtai Chemical Co.,
Ltd. (Kangtai) did not have any shipments of subject merchandise during
the period of review (POR) June 1, 2019, through May 31, 2020.
DATES: Applicable July 9, 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 March 8, 2021, Commerce published its Preliminary Results of the
administrative review of the antidumping duty order on chlorinated
isocyanurates (chlorinated isos) from China covering the period June 1,
2019,
[[Page 36254]]
through May 31, 2020.\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. No case or rebuttal briefs for this
review were submitted by the parties.
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Determination of No Shipments; 2019-2020, 86 FR
13291 (March 8, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
On September 8, 2020, Heze Huayi and Kangtai both certified that
their respective companies had no entries of subject merchandise during
the POR.\2\ On November 17, 2020, our review of U.S. Customs and Border
Protection (CBP) data indicated that Heze Huayi and Kangtai had no
entries of subject merchandise originating from China, that were
subject to antidumping duties during the POR.\3\ On May 19, 2021,
Commerce issued a no shipment inquiry to CBP with respect to Heze Huayi
and Kangtai.\4\ On May 24, 2021, CBP responded that it has no record of
any subject entries for this inquiry.\5\
---------------------------------------------------------------------------
\2\ See Heze Huayi's Letter, ``Chlorinated Isocyanurates from
the People's Republic of China: No Sales Certification,'' dated
September 8, 2020; see also Kangtai's Letter, ``Chlorinated
Isocyanurates from the People's Republic of China: No Sales
Certification,'' dated September 8, 2020.
\3\ See Memorandum, ``U.S. Customs and Border Protection (CBP)
Data for Heze Huayi Chemical Co., Ltd. and Juancheng Kangtai
Chemical Co., Ltd.,'' dated November 17, 2020.
\4\ CBP message 1139404, dated May 19, 2021.
\5\ See Memorandum, ``Chlorinated Isocyanurates from the
People's Republic of China; No Shipment Inquiry for Heze Huayi
Chemical Co., Ltd. and Juancheng Kangtai Chemical Co., Ltd. during
the period 06/01/2019 through 05/31/2020,'' dated May 25, 2021.
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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
Preliminary Decision Memorandum.\6\
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\6\ See Preliminary Results PDM at 2.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213.
Final Determination of No Shipments
In the Preliminary Results, we found that Heze Huayi and Kangtai
had no entries of subject merchandise during the POR.\7\ 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 and Kangtai had no reviewable entries
during the POR. Consistent with our assessment practice in non-market
economy administrative reviews, Commerce did not rescind this review
for Heze Huayi and Kangtai but completed the review and will issue
appropriate instructions to CBP based on these final results.\8\
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\7\ See Preliminary Results, 86 FR 13291-13292.
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also the ``Assessment Rates' '' section, below.
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China-Wide Entity
Pursuant to Commerce's policy, the China-wide entity will not be
under review unless a party specifically requests, or Commerce self-
initiates, a review of the entity.\9\ 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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\9\ 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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Assessment Rates
Pursuant to Commerce's assessment practice, if Commerce determines
that an exporter had no shipments of the subject merchandise, we intend
to issue liquidation instructions for any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) and to liquidate at the China-wide entity rate.\10\
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\10\ 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 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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Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce has determined, and 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,\11\
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).
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\11\ 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).
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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 Heze Huayi and
Kangtai, the cash deposit rate will continue to be the existing
producer/exporter-specific rate published for the most recent period;
(2) for previously investigated or reviewed Chinese and non-Chinese
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 Chinese 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-Chinese exporters of subject
merchandise that have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter(s) that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
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 that 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
[[Page 36255]]
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: July 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-14639 Filed 7-8-21; 8:45 am]
BILLING CODE 3510-DS-P
