Chlorinated Isocyanurates From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020, 37854-37855 [2023-12329]

Download as PDF 37854 Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: June 2, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Chlorinated Isocyanurates From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2020 List of Topics Discussed in the Issues and Decision Memorandum Appendix II List of Companies Not Individually Examined 1. Aju Besteel 2. Bookook Steel 3. Chang Won Bending 4. Dae Ryung 5. Daewoo Shipbuilding & Marine Engineering (Dsme) 6. Daiduck Piping 7. Dong Yang Steel Pipe 8. Dongbu Steel 10 9. Eew Korea Company 10. Histeel 11 11. Hyundai Rb 12. Hyundai Steel Company 12 13. Kiduck Industries 14. Kum Kang Kind 15. Kumsoo Connecting 16. Miju Steel Mfg.13 17. Samkang M&T 18. Seah Fs 19. Seah Steel 14 20. Steel Flower 21. Vesta Co., Ltd. 22. Ycp Co. Background On December 6, 2022, Commerce published the preliminary results of the 2020 administrative review of the countervailing duty order on chlorinated isos from China.1 This review covers two companies, Heze Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai Chemical Co., Ltd. (Kangtai).2 We invited interested parties to comment on the Preliminary Results.3 On February 10, 2023, we received a case brief from Bio-Lab, Inc., Clearon Corp., and Occidental Chemical Corporation (collectively, the petitioners).4 On February 16, 2023, we [FR Doc. 2023–12327 Filed 6–8–23; 8:45 am] BILLING CODE 3510–DS–P lotter on DSK11XQN23PROD with NOTICES1 company is also known as Dongbu Steel Co., Ltd. 11 This company is also known as HiSteel Co., Ltd. 12 This company is also known as Hyundai Steel Corporation; Hyundai Steel; and Hyundai Steel (Pipe Division). 13 This company is also known as Miju Steel Manufacturing. 14 This company is also known as Seah Steel Corporation. 16:49 Jun 08, 2023 Jkt 259001 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to the producers and exporters subject to the administrative review 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. DATES: Applicable June 9, 2023. FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau, 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) 482–2021. SUPPLEMENTARY INFORMATION: AGENCY: I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether Commerce Incorrectly Overwrote Control Numbers (CONNUM) Comment 2: Whether Commerce Inconsistently Used the Field TOTCOM Comment 3: Whether Commerce Erred in Applying its Differential Pricing Analysis Comment 4: Whether Commerce Should Offset Constructed Export Price (CEP) VI. Recommendation VerDate Sep<11>2014 International Trade Administration [C–570–991] Appendix I 10 This DEPARTMENT OF COMMERCE 1 See Chlorinated Isocyanurates from the People’s Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Rescission of Review in Part; 2020, 87 FR 74600 (December 6, 2022) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 In the Preliminary Results, we rescinded the review with respect to an additional company, Hebei Jiheng Chemicals Co., Ltd. However, we incorrectly identified the company as ‘‘Hebei Jiheng Chemical Co., Ltd.,’’ instead of Hebei Jiheng Chemicals Co., Ltd. See Preliminary Results, 87 FR at 74601. We are correcting this error for these final results. The correct company name was published in the Order. See Chlorinated Isocyanurates from the People’s Republic of China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014) (Order). 3 See Preliminary Results, 87 FR at 74602. 4 See Petitioners’ Letter, ‘‘Case Brief of Bio-Lab, Inc, Clearon Corp., and Occidental Chemical Corporation,’’ dated February 10, 2023. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 received a timely combined rebuttal brief from Heze Huayi and Kangtai.5 For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.6 Scope of the Order The products covered by the Order are chlorinated isos from China. A full description of the scope of the Order is contained in the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by interested parties in briefs are addressed in the Issues and Decision Memorandum accompanying 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://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Commerce evaluated the comments in the case and rebuttal brief and record evidence and made no changes from the Preliminary Results. For a discussion of the comments, see the Issues and Decision Memorandum. Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each subsidy program found to be countervailable, Commerce finds that there is a subsidy, i.e., a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and that the subsidy is specific.7 For a full description of the methodology underlying all of Commerce’s conclusions, including any 5 See Heze Huayi and Kangtai’s Letter, ‘‘Respondents Rebuttal Brief,’’ dated February 16, 2023. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Chlorinated Isocyanurates from the People’s Republic of China; 2020,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 7 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. E:\FR\FM\09JNN1.SGM 09JNN1 Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices determination that relied upon the use of adverse facts available pursuant to section 776(a) and (b) of the Act, see the Issues and Decision Memorandum. Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(5), Commerce calculated the following net countervailable subsidy rates for the period January 1, 2020, through December 31, 2020: Producer/exporter Subsidy rate (percent ad valorem) 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 requirements, effective upon publication of the final results of review, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their Heze Huayi Chemical Co., Ltd ..................................... 3.04 responsibility concerning the Juancheng Kangtai Chemical destruction of proprietary information Co., Ltd ............................. 1.22 disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely Disclosure written notification of the return or Normally, Commerce discloses to destruction of APO materials or interested parties the calculations conversion to judicial protective order is performed in connection with a final hereby requested. Failure to comply determination within five days of any with the regulations and terms of an public announcement or, if there is no APO is a sanctionable violation. public announcement, within five days Notification to Interested Parties of the date of publication of the notice of final results in the Federal Register, Commerce is issuing and publishing in accordance with 19 CFR 351.224(b). the final results of review in accordance However, because there are no changes with sections 751(a)(1) and 777(i)(1) of from the Preliminary Results, there are the Act and 19 CFR 351.221(b)(5). no calculations to disclose. lotter on DSK11XQN23PROD with NOTICES1 Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable ad valorem assessment rates listed. We intend to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results of review. 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 Instructions In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above 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 administrative review. For all nonreviewed firms subject to the Order, we VerDate Sep<11>2014 16:49 Jun 08, 2023 Jkt 259001 Dated: June 2, 2023. Lisa W. Wang, 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. Subsidies Valuation Information V. Benchmarks VI. Use of Facts Otherwise Available and Application of Adverse Inferences VII. Analysis of Programs VIII. Analysis of Comments Comment 1: Whether Commerce Should Find Kangtai Used the Financial Incentives for Environmental Industrial Upgrading (Environmental Upgrading)— Grant and Loan Programs Based on Adverse Facts Available (AFA) Comment 2: Whether Commerce Applied the Proper AFA Rate to the Export Buyer’s Credit Program (EBCP) IX. Recommendation [FR Doc. 2023–12329 Filed 6–8–23; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 37855 DEPARTMENT OF COMMERCE International Trade Administration [A–549–502] Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final Results of Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that the sole exporter subject to this review, Thai Premium Pipe Co. Ltd. (TPP), made sales of subject merchandise at less than normal value during the period of review (POR) March 1, 2021, through February 28, 2022. DATES: Applicable June 9, 2023. FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0410. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 29, 2023, Commerce published in the Federal Register the preliminary results of the 2021–2022 administrative review 1 of the antidumping duty order on circular welded carbon steel pipes and tubes (CWP) from Thailand.2 We invited interested parties to comment on the Preliminary Results. No interested parties submitted comments. Accordingly, Commerce made no changes to the Preliminary Results. Commerce conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by this Order are circular welded carbon steel pipes and tubes from Thailand. A full description of the scope of the Order is provided in the Preliminary Results.3 Final Results of Review We determine that the following weighted-average dumping margin 1 See Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2021– 2022, 88 FR 18526 (March 29, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Antidumping Duty Order; Circular Welded Carbon Steel Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986) (Order). 3 See Preliminary Results PDM. E:\FR\FM\09JNN1.SGM 09JNN1

Agencies

[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37854-37855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12329]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-991]


Chlorinated Isocyanurates From the People's Republic of China: 
Final Results of Countervailing Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to the producers and 
exporters subject to the administrative review 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.

DATES: Applicable June 9, 2023.

FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau, 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) 482-2021.

SUPPLEMENTARY INFORMATION:

Background

    On December 6, 2022, Commerce published the preliminary results of 
the 2020 administrative review of the countervailing duty order on 
chlorinated isos from China.\1\ This review covers two companies, Heze 
Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai Chemical 
Co., Ltd. (Kangtai).\2\ We invited interested parties to comment on the 
Preliminary Results.\3\ On February 10, 2023, we received a case brief 
from Bio-Lab, Inc., Clearon Corp., and Occidental Chemical Corporation 
(collectively, the petitioners).\4\ On February 16, 2023, we received a 
timely combined rebuttal brief from Heze Huayi and Kangtai.\5\ For a 
complete description of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of the Countervailing Duty Administrative 
Review and Rescission of Review in Part; 2020, 87 FR 74600 (December 
6, 2022) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ In the Preliminary Results, we rescinded the review with 
respect to an additional company, Hebei Jiheng Chemicals Co., Ltd. 
However, we incorrectly identified the company as ``Hebei Jiheng 
Chemical Co., Ltd.,'' instead of Hebei Jiheng Chemicals Co., Ltd. 
See Preliminary Results, 87 FR at 74601. We are correcting this 
error for these final results. The correct company name was 
published in the Order. See Chlorinated Isocyanurates from the 
People's Republic of China: Countervailing Duty Order, 79 FR 67424 
(November 13, 2014) (Order).
    \3\ See Preliminary Results, 87 FR at 74602.
    \4\ See Petitioners' Letter, ``Case Brief of Bio-Lab, Inc, 
Clearon Corp., and Occidental Chemical Corporation,'' dated February 
10, 2023.
    \5\ See Heze Huayi and Kangtai's Letter, ``Respondents Rebuttal 
Brief,'' dated February 16, 2023.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Chlorinated Isocyanurates from the People's Republic of China; 
2020,'' dated 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 from China. 
A full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum accompanying 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://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Commerce evaluated the comments in the case and rebuttal brief and 
record evidence and made no changes from the Preliminary Results. For a 
discussion of the comments, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each subsidy program found to be countervailable, Commerce finds 
that there is a subsidy, i.e., a financial contribution from a 
government or public entity that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\7\ For a full description 
of the methodology underlying all of Commerce's conclusions, including 
any

[[Page 37855]]

determination that relied upon the use of adverse facts available 
pursuant to section 776(a) and (b) of the Act, see the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \7\ 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.
---------------------------------------------------------------------------

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), Commerce calculated the 
following net countervailable subsidy rates for the period January 1, 
2020, through December 31, 2020:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd............................            3.04
Juancheng Kangtai Chemical Co., Ltd.....................            1.22
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final determination within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of the notice of final results in 
the Federal Register, in accordance with 19 CFR 351.224(b). However, 
because there are no changes from the Preliminary Results, there are no 
calculations to disclose.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review, for the above-listed companies at the applicable ad 
valorem assessment rates listed. We intend to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of these final results of review. 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 Instructions

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above 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 administrative review. For all non-reviewed firms 
subject to the Order, 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 requirements, effective upon publication of the 
final results of review, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing the final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: June 2, 2023.
Lisa W. Wang,
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. Subsidies Valuation Information
V. Benchmarks
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce Should Find Kangtai Used the 
Financial Incentives for Environmental Industrial Upgrading 
(Environmental Upgrading)--Grant and Loan Programs Based on Adverse 
Facts Available (AFA)
    Comment 2: Whether Commerce Applied the Proper AFA Rate to the 
Export Buyer's Credit Program (EBCP)
IX. Recommendation

[FR Doc. 2023-12329 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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