Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Rescission of Review, in Part; 2020, 74600-74602 [2022-26459]
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
interested parties.8 Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.9
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of the publication of this
notice in the Federal Register. If a
hearing is requested, Commerce will
notify interested parties of the hearing
schedule. Interested parties who wish to
request a hearing, or to participate if one
is requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS within 30
days after the date of publication of this
notice. Requests should contain: (1) the
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of the issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs.
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.10 If the
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), then Commerce will calculate
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for each importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). If the
weighted-average dumping margin is
zero or de minimis in the final results,
or if an importer-specific assessment
rate is zero or de minimis in the final
results, Commerce will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise that
entered the United States during the
POR that were produced by PT. Miwon
for which PT. Miwon did not know that
its merchandise was destined to the
United States, Commerce will instruct
CBP to liquidate unreviewed entries at
the all-others rate of 6.19 percent,11 if
there is no rate for the intermediate
company(ies) involved in the
8 See 19 CFR 351.303 (for general filing
requirements).
9 See 19 CFR 351.303(f).
10 See 19 CFR 351.212(b).
11 See Order.
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17:51 Dec 05, 2022
Jkt 259001
transaction.12 The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of subject merchandise covered
by the final results of this review, where
applicable.
Commerce intends to issue
assessment instructions 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).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
MSG from Indonesia entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 6.19
percent, the all-others rate established
in the investigation.13 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Final Results of Review
Unless otherwise extended,
Commerce intends 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).
12 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 See Order.
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Fmt 4703
Sfmt 4703
Notification to Importers
This notice also serves as a
preliminary 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 review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: November 30, 2022.
Lisa W. Wang,
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. Application of Facts Available and Use of
Adverse Inferences
V. Discussion of The Methodology
VI. Normal Value
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022–26491 Filed 12–5–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–991]
Chlorinated Isocyanurates From the
People’s Republic of China:
Preliminary Results of the
Countervailing Duty Administrative
Review and Rescission of Review, in
Part; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of chlorinated
isocyanurates (chlorinated isos) from
the People’s Republic of China (China)
during the period of review (POR),
January 1, 2020, through December 31,
2020. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 6, 2022.
AGENCY:
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2021, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty order on
chlorinated isos from China.1 On July
13, 2022, Commerce extended the time
period for issuing these preliminary
results by 120 days, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act).2 The
revised deadline for these preliminary
results is now November 30, 2022.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included at the
appendix to this notice. The Preliminary
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 Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(3),
Commerce will rescind an
administrative review when there are no
lotter on DSK11XQN23PROD with NOTICES1
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
73734 (December 28, 2021).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review, 2020,’’ dated July 13, 2022.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Chlorinated
Isocyanurates from the People’s Republic of China
and Rescission of Administrative Review, in Part;
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Chlorinated Isocyanurates from the People’s
Republic of China: Countervailing Duty Order, 79
FR 67424 (November 13, 2014) (Order).
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17:51 Dec 05, 2022
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Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Act. For each of the subsidy
programs found countervailable, we
preliminarily find that there is a
subsidy, i.e., a financial contribution
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.6
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that the
Government of China did not act to the
best of its ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.7 For further
information, see the Preliminary
Decision Memorandum at ‘‘Use of Facts
Otherwise Available and Adverse
Inferences.’’
Preliminary Results of Review
For the period January 1, 2020,
through December 31, 2020, we
preliminarily find that the following net
subsidy rates exist:
Scope of the Order 4
The products covered by the Order
are chlorinated isos. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
1 See
reviewable suspended entries. Based on
our analysis of U.S. Customs and Border
Protection (CBP) information, we
preliminarily determine that Hebei
Jiheng Chemical Co., Ltd. (Jiheng) had
no entries of subject merchandise
during the POR. On March 3, 2022, we
notified parties that we intended to
rescind this administrative review with
respect to Jiheng.5 No parties
commented on the notification of intent
to rescind the review, in part. We are,
therefore, rescinding the administrative
review of Jiheng. For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
Company
Heze Huayi Chemical
Co., Ltd.
Juancheng Kangtai
Chemical Co., Ltd.
Subsidy rate
(percent
ad
valorem)
3.04
1.22
Verification
Commerce received a timely request
from Bio-Lab, Inc., Clearon Corp., and
Occidental Chemical Corporation
(collectively, the petitioners) to verify
5 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated March 3, 2022.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
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Fmt 4703
Sfmt 4703
74601
the information submitted in this
administrative review.8 As provided in
section 782(i)(3) of the Act, Commerce
intends to verify the information
submitted by the mandatory
respondents in advance of the final
results of this review.
Assessment Rate
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
results, Commerce shall determine, and
CBP shall assess, countervailing duties
on all appropriate entries in accordance
with the final results of this review. If
the assessment rate calculated in the
final results is zero or de minimis, we
will instruct CBP to liquidate all
appropriate entries without regard to
countervailing duties. For the company
for which this review is rescinded, we
will instruct CBP to assess
countervailing duties on all appropriate
entries at a rate equal to the cash deposit
of estimated countervailing duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2020, through December 31, 2020, in
accordance with 19 CFR 351.212(c)(l)(i).
For the companies remaining in the
review, Commerce intends to issue
assessment instructions 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).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amounts
indicated above, except, where the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits of
estimated countervailing duties at the
most recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
8 See Petitioners’ Letter, ‘‘Request for
Verification,’’ dated March 30, 2022.
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of these preliminary
results.9 Case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance. A timeline for the
submission of case and rebuttal briefs
will be provided to interested parties at
a later date. Parties who submit case or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.10 Case and
rebuttal briefs should be filed using
ACCESS 11 and must be served on
interested parties.12 Executive
summaries should be limited to five
pages total, including footnotes. Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically using
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.14 Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; and (3)
a list of the issues to be discussed.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs.15 If a request for
a hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
lotter on DSK11XQN23PROD with NOTICES1
Final Results of Review
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
9 See
19 CFR 351.224(b).
19 CFR 351.309(c)(2) and (d)(2).
11 See generally 19 CFR 351.303.
12 See 19 CFR 351.303(f).
13 See Temporary Rule.
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310.
10 See
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17:51 Dec 05, 2022
Jkt 259001
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213.
Dated: November 29, 2022.
Lisa W. Wang,
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. Rescission of Administrative Review, in
Part
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2022–26459 Filed 12–5–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–867]
Welded Stainless Pressure Pipe From
India: Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Ratnamani Metals & Tubes
Ltd. (Ratnamani) made sales of subject
merchandise at less than normal value
(NV) in the United States during the
November 1, 2020, through October 31,
2021, period of review (POR). We are
also rescinding this review for
Hindustan Inox, Ltd. (Hindustan Inox)
where timely requests for withdrawal
were filed by the party who requested
its review. We invite interested parties
to comment on these preliminary
results.
DATES: Applicable December 6, 2022.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
AGENCY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1009.
SUPPLEMENTARY INFORMATION:
Background
On November 17, 2016, Commerce
published the antidumping duty order
in the Federal Register.1 On December
28, 2021, pursuant to section 751(a)(1)
of the Tariff Act of 1930, as amended
(the Act), Commerce initiated an
administrative review of the Order.2 On
July 19, 2022, we extended the deadline
for the preliminary results to November
30, 2022.3
Commerce initiated this
administrative review covering the
following companies: Apex Tubes
Private Ltd.; Apurvi Industries; Arihant
Tubes; Divine Tubes Pvt. Ltd.; Heavy
Metal & Tubes; Hindustan Inox; J.S.S.
Steelitalia Ltd.; Linkwell Seamless
Tubes Private Limited; Maxim Tubes
Company Pvt. Ltd.; MBM Tubes Pvt.
Ltd.; Mukat Tanks & Vessel Ltd.; Neotiss
Ltd.; Prakash Steelage Ltd.; Quality
Stainless Pvt. Ltd.; Raajratna Metal
Industries Ltd.; Ratnadeep Metal &
Tubes Ltd.; Ratnamani; Remi Edelstahl
Tubulars; Shubhlaxmi Metals & Tubes
Private Limited; SLS Tubes Pvt. Ltd.;
and Steamline Industries Ltd.4
On January 25, 2022, we limited the
number of respondents selected for
individual examination in this
administrative review to Hindustan Inox
and Ratnamani.5 We did not select the
remaining companies for individual
examination, and these companies
remain subject to this administrative
review.
Scope of the Order
The products covered by the scope of
the Order are welded stainless pressure
pipe from India. For a complete
description of the scope, see the
Preliminary Decision Memorandum.6
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
1 See Welded Stainless Pressure Pipe from India:
Antidumping and Countervailing Duty Orders, 81
FR 81062 (November 17, 2016) (Order).
2 See Initiation of Antidumping Duty and
Countervailing Duty Administrative Reviews, 86 FR
73734 (December 28, 2021) (Initiation Notice).
3 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results,’’ dated July 19, 2022.
4 See Initiation Notice, 86 FR at 73736.
5 See Memorandum, ‘‘Respondent Selection,’’
dated January 25, 2022.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Recission of the
Administrative Review of the Antidumping Duty
Order on Welded Stainless Pressure Pipe from
India; 2020–2021,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
E:\FR\FM\06DEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74600-74602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26459]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Preliminary Results of the Countervailing Duty Administrative Review
and Rescission of Review, in Part; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of chlorinated isocyanurates (chlorinated isos)
from the People's Republic of China (China) during the period of review
(POR), January 1, 2020, through December 31, 2020. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable December 6, 2022.
[[Page 74601]]
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2021, Commerce published a notice of initiation of
an administrative review of the countervailing duty order on
chlorinated isos from China.\1\ On July 13, 2022, Commerce extended the
time period for issuing these preliminary results by 120 days, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\2\ The revised deadline for these preliminary
results is now November 30, 2022.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 73734 (December 28, 2021).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review, 2020,'' dated
July 13, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of
Chlorinated Isocyanurates from the People's Republic of China and
Rescission of Administrative Review, in Part; 2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See Chlorinated Isocyanurates from the People's Republic of
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014)
(Order).
---------------------------------------------------------------------------
The products covered by the Order are chlorinated isos. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that Hebei Jiheng Chemical Co.,
Ltd. (Jiheng) had no entries of subject merchandise during the POR. On
March 3, 2022, we notified parties that we intended to rescind this
administrative review with respect to Jiheng.\5\ No parties commented
on the notification of intent to rescind the review, in part. We are,
therefore, rescinding the administrative review of Jiheng. For
additional information regarding this determination, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated March 3, 2022.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of China
did not act to the best of its ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\7\
For further information, see the Preliminary Decision Memorandum at
``Use of Facts Otherwise Available and Adverse Inferences.''
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Preliminary Results of Review
For the period January 1, 2020, through December 31, 2020, we
preliminarily find that the following net subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate (percent ad
Company valorem)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd.......... 3.04
Juancheng Kangtai Chemical Co., Ltd... 1.22
------------------------------------------------------------------------
Verification
Commerce received a timely request from Bio-Lab, Inc., Clearon
Corp., and Occidental Chemical Corporation (collectively, the
petitioners) to verify the information submitted in this administrative
review.\8\ As provided in section 782(i)(3) of the Act, Commerce
intends to verify the information submitted by the mandatory
respondents in advance of the final results of this review.
---------------------------------------------------------------------------
\8\ See Petitioners' Letter, ``Request for Verification,'' dated
March 30, 2022.
---------------------------------------------------------------------------
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries in accordance with the
final results of this review. If the assessment rate calculated in the
final results is zero or de minimis, we will instruct CBP to liquidate
all appropriate entries without regard to countervailing duties. For
the company for which this review is rescinded, we will instruct CBP to
assess countervailing duties on all appropriate entries at a rate equal
to the cash deposit of estimated countervailing duties required at the
time of entry, or withdrawal from warehouse, for consumption, during
the period January 1, 2020, through December 31, 2020, in accordance
with 19 CFR 351.212(c)(l)(i).
For the companies remaining in the review, Commerce intends to
issue assessment instructions 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).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts indicated above, except, where the rate
calculated in the final results is zero or de minimis, no cash deposit
will be required on shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposit instructions, when imposed, shall remain in effect until
further notice.
[[Page 74602]]
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\9\ Case briefs or
other written comments may be submitted to the Assistant Secretary for
Enforcement and Compliance. A timeline for the submission of case and
rebuttal briefs will be provided to interested parties at a later date.
Parties who submit case or rebuttal briefs in this proceeding are
encouraged to submit with each argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\10\ Case and rebuttal briefs should be filed using ACCESS
\11\ and must be served on interested parties.\12\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\13\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See generally 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
\13\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically using ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\14\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of the issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
and rebuttal briefs.\15\ If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm the date and time of the hearing two days before
the scheduled date. Parties are reminded that all briefs and hearing
requests must be filed electronically using ACCESS and received
successfully in their entirety by 5:00 p.m. Eastern Time on the due
date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213.
Dated: November 29, 2022.
Lisa W. Wang,
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. Rescission of Administrative Review, in Part
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2022-26459 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-DS-P
