Certain Corrosion Inhibitors From the People's Republic of China: Final Results and Partial Recission of Countervailing Duty Administrative Review; 2020-2021, 69122-69124 [2023-22201]
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69122
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–954]
Certain Magnesia Carbon Bricks From
the People’s Republic of China: 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) continues to
determine that the 38 companies subject
to this administrative review of the
antidumping duty order on certain
magnesia carbon bricks from the
People’s Republic of China (China) are
part of the China-wide entity because
they did not demonstrate eligibility for
separate rates. The period of review
(POR) is September 1, 2021, through
August 31, 2022.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT:
Nathan James, 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) 482–5305.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 31, 2023, Commerce
published the preliminary results of this
administrative review.1 We invited
parties to comment on the Preliminary
Results. No parties submitted
comments. Accordingly, the final results
remain unchanged from the Preliminary
Results and no decision memorandum
accompanies this Federal Register
notice. Commerce conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
ddrumheller on DSK120RN23PROD with NOTICES1
Scope of the Order 2
The scope of the Order covers
magnesia carbon bricks from China. For
a complete description of the scope of
the Order, see the Preliminary Results.
Final Results of Administrative Review
We received no comments on, and
made no changes to, the Preliminary
Results. We continue to find that the 38
1 See Certain Magnesia Carbon Bricks from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2021–
2022, 88 FR 34825 (May 31, 2023) (Preliminary
Results).
2 See Certain Magnesia Carbon Bricks from
Mexico and the People’s Republic of China:
Antidumping Duty Orders, 75 FR 57257 (September
20, 2010) (Order).
VerDate Sep<11>2014
18:37 Oct 04, 2023
Jkt 262001
companies subject to this review did not
file either a no-shipment certification, a
separate rate application, or a separate
rate certification. Thus, Commerce
continues to determine that these
companies have not demonstrated their
eligibility for separate rate status. In this
administrative review, no party
requested a review of the China-wide
entity, and Commerce did not selfinitiate a review of the China-wide
entity. Because no review of the Chinawide entity is being conducted, the
China-wide entity rate is not subject to
change as a result of this review. The
rate previously established for the
China-wide entity is 236.00 percent.3
Assessment Rates
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review in accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b). For the 38 companies
subject to this review, we will instruct
CBP to apply the China-wide rate of
236.00 percent to all entries of subject
merchandise during the POR.
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 cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice, as
provided by section 751(a)(2)(C) of the
Act: (1) for previously investigated or
reviewed Chinese and non-Chinese
exporters that received a separate rate in
a prior segment of this proceeding, and
which were not assigned the Chinawide rate in this review, the cash
deposit rate will continue to be the
existing exporter-specific rate published
for the most recently completed segment
of this proceeding; (2) for all Chinese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the China-wide rate of 236.00
3 Id.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
percent; and (3) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
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).
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 subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.213(h) and 351.221(b)(5).
Dated: September 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–22126 Filed 10–4–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–123]
Certain Corrosion Inhibitors From the
People’s Republic of China: Final
Results and Partial Recission of
Countervailing Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
AGENCY:
E:\FR\FM\05OCN1.SGM
05OCN1
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
countervailable subsidies were provided
to certain exporters/producers of certain
corrosion inhibitors from the People’s
Republic of China (China) during the
period of review (POR) July 13, 2020,
through December 31, 2021. Commerce
is also rescinding the review with
respect to one company.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Ted
Pearson, 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) 482–2631.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on April 6, 2023,
and invited interested parties to
comment.1 For a complete description
of the events that occurred subsequent
to the Preliminary Results, see the Issues
and Decision Memorandum.2
Scope of the Order 3
The products covered by the scope of
the Order are corrosion inhibitors from
China. A full description of the scope of
the Order is contained in the Issues and
Decision Memorandum.
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of comments
from interested parties and the evidence
on the record, we revised the
calculation of the net countervailable
subsidy rates for Anhui Trust Chem Co.,
Ltd. (ATC) and Nantong Botao Chemical
Co., Ltd. (Botao). For a discussion of the
issues, 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 of the subsidy programs found to
be countervailable, we find that there is
a subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.4 For a complete
description of the methodology
underlying all of Commerce’s
conclusions, including our reliance, in
part, on facts otherwise available,
including adverse facts available,
pursuant to sections 776(a) and (b) of
the Act, see the Issues and Decision
Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
All issues raised by the interested
administrative review, in whole or in
parties in their case and rebuttal briefs
part, if the parties that requested a
are addressed in the Issues and Decision review withdraw the request within 90
Memorandum. A list of topics discussed days of the date of publication of the
in the Issues and Decision
notice of initiation. In the Preliminary
Memorandum is provided in the
Results, Commerce rescinded the review
appendix to this notice. The Issues and
with respect to 29 companies. Included
Decision Memorandum is a public
on that list of companies was Dandee
document and is on file electronically
Hong Kong Holdings Ltd., a company
via Enforcement and Compliance’s
identified in Wincom, Inc.’s (the
Antidumping and Countervailing Duty
petitioner) letter withdrawing the
Centralized Electronic Service System
review request.5 However, that company
(ACCESS). ACCESS is available to
name did not match the name of the
registered users at https://
company in the petitioner’s request for
access.trade.gov. In addition, a complete review, Dandee Holdings Ltd. (Hk) and
version of the Issues and Decision
for which Commerce initiated a review.6
Memorandum can be accessed directly
Because Commerce initiated a review
with respect to Dandee Holdings Ltd.
1 See Certain Corrosion Inhibitors from the
(Hk) and the petitioner’s withdrawal
People’s Republic of China: Preliminary Results of
request was for Dandee Hong Kong
Countervailing Duty Administrative Review and
Rescission of Review, in Part; 2020–2021, 88 FR
Holdings Ltd., Commerce invited
20475 (April 6, 2023) (Preliminary Results), and
interested parties to submit comments
accompanying Preliminary Decision Memorandum.
regarding this issue and did not issue
2 See Memorandum, ‘‘Issues and Decision
ddrumheller on DSK120RN23PROD with NOTICES1
Analysis of Comments Received
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Certain Corrosion Inhibitors from the People’s
Republic of China; 2020–2021,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Certain Corrosion Inhibitors from the
People’s Republic of China: Antidumping Duty and
Countervailing Duty Orders, 86 FR 14869 (March
19, 2021) (Order).
VerDate Sep<11>2014
19:28 Oct 04, 2023
Jkt 262001
4 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.
5 See Petitioner’s Letter, ‘‘Request for
Administrative Review,’’ dated March 31, 2022.
6 See Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated July 6,
2022.
PO 00000
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Fmt 4703
Sfmt 4703
69123
rescission instructions for either
company name. In response, the
petitioner clarified the appropriate
name for the withdrawal of review
request is for Dandee Holdings Ltd.
(Hk). No other party requested review of
Dandee Holdings Ltd. (Hk), and,
therefore, we are rescinding this
administrative review with respect to
Dandee Holdings Ltd. (Hk), pursuant to
19 CFR 351.213(d)(1). For a discussion
of the issue, see the Issues and Decision
Memorandum.
Companies Not Selected for Individual
Review
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides the basis for
calculating the all-others rate in an
investigation. Section 705(c)(5)(A)(i) of
the Act instructs Commerce, as a general
rule, to calculate the all-others rate
equal to the weighted average of the
countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero or de minimis countervailable
subsidy rates, and any rates determined
entirely on the basis of facts available.
There are three companies for which
a review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross-owned with a mandatory
respondent. In this review, the rates for
ATC and Botao were above de minimis
and not based entirely on facts
available. Therefore, we are applying to
the non-selected companies the average
of the net subsidy rates calculated for
ATC and Botao, which we calculated
using the publicly-ranged sales data
submitted by ATC and Botao.7
7 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
E:\FR\FM\05OCN1.SGM
Continued
05OCN1
69124
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
This is the same methodology
Commerce applied in the Preliminary
Results for determining a rate for
companies not selected for individual
examination. However, due to changes
in the calculation for ATC and Botao,
we revised the non-selected rate
accordingly. Consequently, for the three
non-selected companies for which a
review was requested and not
rescinded, we are applying ad valorem
subsidy rates of 66.08 percent for 2020
and 14.37 percent for 2021.
Final Results of Review
We determine the following net
countervailable subsidy rates exist for
the period January 1, 2021, through
December 31, 2021:
Company
Subsidy rate—
2020
(percent ad
valorem)
Subsidy rate—
2021
(percent ad
valorem)
91.45
52.20
17.08
10.74
66.08
66.08
66.08
14.37
14.37
14.37
Anhui Trust Chem Co., Ltd. 8 ..................................................................................................................................
Nantong Botao Chemical Co., Ltd. 9 .......................................................................................................................
Review-Specific Average Rate Applicable to the Following Companies 10
Gold Chemical Limited ............................................................................................................................................
Jiangyin Delian Chemical Co., Ltd. .........................................................................................................................
Nantong Kanghua Chemical Co., Ltd. .....................................................................................................................
Disclosure
Commerce intends to disclose
calculations and analysis performed for
the final results of review within five
days after the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Requirements
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has
determined, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review, for the
above-listed companies at the applicable
ad valorem assessment rates listed for
the corresponding time periods (i.e.,
July 13, 2020, to December 31, 2020,
and January 1, 2021, to December 31,
2021). Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after 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
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown above for the abovelisted companies with regard to
shipments of subject merchandise
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
8 Commerce finds the following companies to be
cross-owned with ATC: Nanjing Trust Chem Co.,
Ltd.; and Jiangsu Trust Chem Co., Ltd.
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18:37 Oct 04, 2023
Jkt 262001
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of these final results of
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the all-others
rate or the most recent company-specific
rate applicable to the company, as
appropriate. These cash deposit
requirements, effective upon
publication of these final results, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), 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
sanctionable violation.
Notification to Interested Parties
The final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
9 Commerce finds the following companies to be
cross-owned with Botao: Rugao Connect Chemical
Co., Ltd.; Rugao Jinling Chemical Co., Ltd.; and
Nantong Yutu Group Co., Ltd.
PO 00000
Frm 00010
Fmt 4703
Sfmt 9990
Dated: September 29, 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. Partial Rescission of Administrative
Review
V. Non-Selected Rate
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Interest Rates, Discount Rates, and
Benchmarks
IX. Analysis of Programs
X. Discussion of the Issues
Comment 1: Whether Commerce Erred in
the Inputs for Less Than Adequate
Remuneration (LTAR) Calculations for a
Respondent
Comment 2: Benchmarks for the Provision
of Electricity for LTAR
Comment 3: Whether Commerce
Incorrectly Cumulated Benefits for an
Export Trading Company
Comment 4: Whether Commerce
Appropriately Found that a Respondent
Used the Export Buyer’s Credit (EBC)
Program
XI. Recommendation
[FR Doc. 2023–22201 Filed 10–4–23; 8:45 am]
BILLING CODE 3510–DS–P
10 This rate is based on the rate for the respondent
that was selected for individual review, excluding
rates that are zero, de minimis, or based entirely on
facts available. See section 735(c)(5)(A) of the Act.
E:\FR\FM\05OCN1.SGM
05OCN1
]]>Agencies
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69122-69124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22201]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-123]
Certain Corrosion Inhibitors From the People's Republic of China:
Final Results and Partial Recission of Countervailing Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
[[Page 69123]]
countervailable subsidies were provided to certain exporters/producers
of certain corrosion inhibitors from the People's Republic of China
(China) during the period of review (POR) July 13, 2020, through
December 31, 2021. Commerce is also rescinding the review with respect
to one company.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Ted Pearson, 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) 482-2631.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on April 6, 2023, and invited interested
parties to comment.\1\ For a complete description of the events that
occurred subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Corrosion Inhibitors from the People's Republic
of China: Preliminary Results of Countervailing Duty Administrative
Review and Rescission of Review, in Part; 2020-2021, 88 FR 20475
(April 6, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Certain Corrosion Inhibitors from the People's Republic of China;
2020-2021,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Certain Corrosion Inhibitors from the People's Republic
of China: Antidumping Duty and Countervailing Duty Orders, 86 FR
14869 (March 19, 2021) (Order).
---------------------------------------------------------------------------
The products covered by the scope of the Order are corrosion
inhibitors 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 the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of topics discussed 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
Based on our analysis of comments from interested parties and the
evidence on the record, we revised the calculation of the net
countervailable subsidy rates for Anhui Trust Chem Co., Ltd. (ATC) and
Nantong Botao Chemical Co., Ltd. (Botao). For a discussion of the
issues, 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 of the subsidy programs found to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\4\ For a complete description of the
methodology underlying all of Commerce's conclusions, including our
reliance, in part, on facts otherwise available, including adverse
facts available, pursuant to sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. In the Preliminary Results,
Commerce rescinded the review with respect to 29 companies. Included on
that list of companies was Dandee Hong Kong Holdings Ltd., a company
identified in Wincom, Inc.'s (the petitioner) letter withdrawing the
review request.\5\ However, that company name did not match the name of
the company in the petitioner's request for review, Dandee Holdings
Ltd. (Hk) and for which Commerce initiated a review.\6\ Because
Commerce initiated a review with respect to Dandee Holdings Ltd. (Hk)
and the petitioner's withdrawal request was for Dandee Hong Kong
Holdings Ltd., Commerce invited interested parties to submit comments
regarding this issue and did not issue rescission instructions for
either company name. In response, the petitioner clarified the
appropriate name for the withdrawal of review request is for Dandee
Holdings Ltd. (Hk). No other party requested review of Dandee Holdings
Ltd. (Hk), and, therefore, we are rescinding this administrative review
with respect to Dandee Holdings Ltd. (Hk), pursuant to 19 CFR
351.213(d)(1). For a discussion of the issue, see the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Petitioner's Letter, ``Request for Administrative
Review,'' dated March 31, 2022.
\6\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated July 6, 2022.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to calculate the all-others rate
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely on the basis of facts available.
There are three companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. In this review,
the rates for ATC and Botao were above de minimis and not based
entirely on facts available. Therefore, we are applying to the non-
selected companies the average of the net subsidy rates calculated for
ATC and Botao, which we calculated using the publicly-ranged sales data
submitted by ATC and Botao.\7\
---------------------------------------------------------------------------
\7\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
---------------------------------------------------------------------------
[[Page 69124]]
This is the same methodology Commerce applied in the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes in the calculation for
ATC and Botao, we revised the non-selected rate accordingly.
Consequently, for the three non-selected companies for which a review
was requested and not rescinded, we are applying ad valorem subsidy
rates of 66.08 percent for 2020 and 14.37 percent for 2021.
Final Results of Review
We determine the following net countervailable subsidy rates exist
for the period January 1, 2021, through December 31, 2021:
------------------------------------------------------------------------
Subsidy rate-- Subsidy rate--
2020 (percent 2021 (percent
Company ad valorem) ad valorem)
------------------------------------------------------------------------
Anhui Trust Chem Co., Ltd. \8\.......... 91.45 17.08
Nantong Botao Chemical Co., Ltd. \9\.... 52.20 10.74
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies \10\
------------------------------------------------------------------------
Gold Chemical Limited................... 66.08 14.37
Jiangyin Delian Chemical Co., Ltd....... 66.08 14.37
Nantong Kanghua Chemical Co., Ltd....... 66.08 14.37
------------------------------------------------------------------------
Disclosure
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\8\ Commerce finds the following companies to be cross-owned
with ATC: Nanjing Trust Chem Co., Ltd.; and Jiangsu Trust Chem Co.,
Ltd.
\9\ Commerce finds the following companies to be cross-owned
with Botao: Rugao Connect Chemical Co., Ltd.; Rugao Jinling Chemical
Co., Ltd.; and Nantong Yutu Group Co., Ltd.
\10\ This rate is based on the rate for the respondent that was
selected for individual review, excluding rates that are zero, de
minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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Commerce intends to disclose calculations and analysis performed
for the final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review, for the above-listed companies at the
applicable ad valorem assessment rates listed for the corresponding
time periods (i.e., July 13, 2020, to December 31, 2020, and January 1,
2021, to December 31, 2021). Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after 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
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown above for the above-listed
companies with regard to shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results of review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of these
final results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), 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 sanctionable violation.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: September 29, 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. Partial Rescission of Administrative Review
V. Non-Selected Rate
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Interest Rates, Discount Rates, and Benchmarks
IX. Analysis of Programs
X. Discussion of the Issues
Comment 1: Whether Commerce Erred in the Inputs for Less Than
Adequate Remuneration (LTAR) Calculations for a Respondent
Comment 2: Benchmarks for the Provision of Electricity for LTAR
Comment 3: Whether Commerce Incorrectly Cumulated Benefits for
an Export Trading Company
Comment 4: Whether Commerce Appropriately Found that a
Respondent Used the Export Buyer's Credit (EBC) Program
XI. Recommendation
[FR Doc. 2023-22201 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
