Certain Corrosion Inhibitors From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 2020-2022, 69905-69907 [2023-22407]
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Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
accordance with 19 CFR 351.225(d)(1),
if Commerce has not rejected a scope
ruling application nor initiated the
scope inquiry within 30 days after the
filing of the application, the application
will be deemed accepted and a scope
inquiry will be deemed initiated the
following day—day 31.6 Commerce’s
practice generally dictates that where a
deadline falls on a weekend, Federal
holiday, or other non-business day, the
appropriate deadline is the next
business day.7 Accordingly, if the 30th
day after the filing of the application
falls on a non-business day, the next
business day will be considered the
‘‘updated’’ 30th day, and if the
application is not rejected or a scope
inquiry initiated by or on that particular
business day, the application will be
deemed accepted and a scope inquiry
will be deemed initiated on the next
business day which follows the
‘‘updated’’ 30th day.8
In accordance with 19 CFR
351.225(m)(2), if there are companion
AD and CVD orders covering the same
merchandise from the same country of
origin, the scope inquiry will be
conducted on the record of the AD
proceeding. Further, please note that
pursuant to 19 CFR 351.225(m)(1),
Commerce may either apply a scope
ruling to all products from the same
country with the same relevant physical
characteristics, (including chemical,
dimensional, and technical
characteristics) as the product at issue,
on a country-wide basis, regardless of
the producer, exporter, or importer of
those products, or on a companyspecific basis.
For further information on procedures
for filing information with Commerce
through ACCESS and participating in
scope inquiries, please refer to the
Filing Instructions section of the Scope
Ruling Application Guide, at https://
access.trade.gov/help/Scope_Ruling_
Guidance.pdf. Interested parties, apart
from the scope ruling applicant, who
wish to participate in a scope inquiry
6 In accordance with 19 CFR 351.225(d)(2), within
30 days after the filing of a scope ruling application,
if Commerce determines that it intends to address
the scope issue raised in the application in another
segment of the proceeding (such as a circumvention
inquiry under 19 CFR 351.226 or a covered
merchandise inquiry under 19 CFR 351.227), it will
notify the applicant that it will not initiate a scope
inquiry, but will instead determine if the product
is covered by the scope at issue in that alternative
segment.
7 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
8 This structure maintains the intent of the
applicable regulation, 19 CFR 351.225(d)(1), to
allow day 30 and day 31 to be separate business
days.
VerDate Sep<11>2014
18:39 Oct 06, 2023
Jkt 262001
and be added to the public service list
for that segment of the proceeding must
file an entry of appearance in
accordance with 19 CFR 351.103(d)(1)
and 19 CFR 351.225(n)(4). Interested
parties are advised to refer to the case
segment in ACCESS as well as 19 CFR
351.225(f) for further information on the
scope inquiry procedures, including the
timelines for the submission of
comments.
Please note that this notice of scope
ruling applications filed in AD and CVD
proceedings may be published before
any potential initiation, or after the
initiation, of a given scope inquiry
based on a scope ruling application
identified in this notice. Therefore,
please refer to the case segment on
ACCESS to determine whether a scope
ruling application has been accepted or
rejected and whether a scope inquiry
has been initiated.
Interested parties who wish to be
served scope ruling applications for a
particular AD or CVD order may file a
request to be included on the annual
inquiry service list during the
anniversary month of the publication of
the AD or CVD order in accordance with
19 CFR 351.225(n) and Commerce’s
procedures.9
Interested parties are invited to
comment on the completeness of this
monthly list of scope ruling applications
received by Commerce. Any comments
should be submitted to James Maeder,
Deputy Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, via email to
CommerceCLU@trade.gov.
This notice of scope ruling
applications filed in AD and CVD
proceedings is published in accordance
with 19 CFR 351.225(d)(3).
Dated: October 3, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–22408 Filed 10–6–23; 8:45 am]
BILLING CODE 3510–DS–P
9 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021).
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69905
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–122]
Certain Corrosion Inhibitors From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review, 2020–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
companies in the People’s Republic of
China (China) made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
September 10, 2020, through February
28, 2022.
DATES: Applicable October 10, 2023.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Dusten Hom, AD/CVD
Operations, Office I, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3477 and (202) 482–5075,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2023, Commerce
published the preliminary results of this
review in the Federal Register and
invited interested parties to comment on
those results.1 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.2
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 3
The products covered by the Order
are certain corrosion inhibitors from
China. A complete description of the
scope of the Order is contained in the
Issues and Decision Memorandum.
1 See Certain Corrosion Inhibitors from the
People’s Republic of China: Preliminary Results and
Partial Rescission of the Antidumping Duty
Administrative Review; 2020–2022, 88 FR 20488
(April 6, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2020–
2022 Administrative Review of the Antidumping
Duty Order on Certain Corrosion Inhibitors from the
People’s Republic of China,’’ 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).
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69906
Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
administrative review are addressed in
the Issues and Decision Memorandum
and are listed 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 the comments received, we
made no changes to the Preliminary
Results.4 For a more detailed discussion
of the issues raised by parties, see the
Issues and Decision Memorandum.
Rate for Non-Examined Separate Rate
Respondents
The statute and our regulations do not
address the establishment of a rate to be
assigned to respondents not selected for
individual examination when we limit
our examination of companies subject to
the administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5)
of the Act, which provides instructions
for calculating the all-others rate in an
investigation, for guidance when
calculating the rate for respondents not
individually examined in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ Accordingly,
in the final results of review, we are
assigning to the non-selected separate
rate respondents an estimated weightedaverage dumping margin based on the
average of Anhui Trust Chem Co., Ltd.’s,
and its affiliates (collectively Anhui),
and Nantong Botao Chemical Co., Ltd’s
(Botao) rates weighted by their publicly
available ranged U.S. sales values.
Final Results of the Review
Commerce determines that the
following estimated weighted-average
dumping margins exist for the period
September 10, 2020, through February
28, 2022:
Weighted-average
dumping margin
(percent)
Exporter
Anhui Trust Chem Co., Ltd ..........................................................................................................................................................
Nantong Botao Chemical Co., Ltd ...............................................................................................................................................
Review-Specific Average Rate Applicable to the Following Companies:
Gold Chemical Limited .........................................................................................................................................................
Jiangyin Delian Chemical Co., Ltd .......................................................................................................................................
Kanghua Chemical Co., Ltd .................................................................................................................................................
Disclosure
Because we have not modified our
analysis to the Preliminary Results, we
are adopting the Preliminary Results as
the final results of this review.
Consequently, there are no new
calculations to disclose in accordance
with 19 CFR 351.224(b) for the final
results of review.
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b)(1),
Commerce intends to determine, and
U.S. Customs and Border Protections
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
merchandise in accordance with the
final results of this review. Pursuant to
19 CFR 351.212(b)(1), for Anhui and
Botao, we calculated importer-specific
ad valorem duty assessment rates based
on the ratio of the total amount of
dumping calculated for each importer’s
examined sales and the total entered
value of the sales in accordance with 19
CFR 351.212(b)(1). Where an importerspecific assessment rate is de minimis
(i.e., less than 0.5 percent), the entries
by that importer will be liquidated
without regard to antidumping duties.
4 See
Preliminary Results.
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18:39 Oct 06, 2023
For all non-selected separate rate
applicants subject to this review, we
will instruct CBP to liquidate all entries
of subject merchandise that entered the
United States during the POR at the
average of the rates calculated for Anhui
and Botao as listed above. For entries of
subject merchandise during the POR
produced by Anhui and Botao for which
they did not know their merchandise
was destined for the United States, we
intend to instruct CBP to liquidate such
entries at the China-wide rate if there is
no rate for the intermediate company or
companies involved in the transaction.
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 for all
shipments of the subject merchandise
5 See
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9.95
9.95
9.95
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
subject to this review will be the rate
established in these final results of the
review; (2) for previously investigated or
reviewed Chinese and non-Chinese
exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
completed segment of this proceeding in
which they were reviewed; (3) 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 equal to the
weighted-average dumping margin for
the China-wide entity (i.e., 241.02
percent); and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the Chinese
exporter(s) that supplied that nonChinese exporter.5 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Order, 86 FR at 14871.
Frm 00012
6.12
14.66
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Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices
Notification to Importers
This notice 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 and/or countervailing
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 and/or
countervailing duties has occurred and
the subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of countervailing duties.
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
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
This determination is 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: October 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Change Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce
Incorrectly Valued Overhead Materials
as Direct Materials
Comment 2: Whether Commerce Should
Use the Initial Factors of Production
(FOP) Database to Calculate Surrogate
Values (SV)
Comment 3: Use of Financial Statements
(FS) to Value Factory Overhead, Selling,
General, and Administrative Expenses,
and Profit
Comment 4: Whether Commerce Should
Continue to Assign Separate Rate Status
to Kanghua Chemical Co., Ltd. (Chuzhou
Kanghua)
Comment 5: Whether Commerce Should
Value Air Freight Based on International
VerDate Sep<11>2014
18:39 Oct 06, 2023
Jkt 262001
Air Transport Association (IATA) or
Malaysian Investment Development
Authority (MIDA) Data
Commerce 6: Whether Commerce Should
Value Labor Rates Based on Malaysian
International Labor Organization
(ILOSTAT) Data Instead of European
Union Statistics Service (EUROSTAT)
Labor Data
Commerce 7: Whether Commerce Should
Offset Botao’s AD Margin by the Double
Remedy Pass Through Subsidies
Calculated in the Companion
Countervailing Duty (CVD) Proceeding
Commerce 8: Whether Commerce’s
Application of the Cohen’s d Test to
Botao’s U.S. Sales Is Supported by Law
VI. Recommendation
[FR Doc. 2023–22407 Filed 10–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–848]
Emulsion Styrene-Butadiene Rubber
From Mexico: Preliminary Results of
Antidumping Duty Administrative
Review, Preliminary Determination of
No Shipments, and Notice of Intent To
Rescind, in Part; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that producers/exporters of
emulsion styrene-butadiene rubber (ESB
rubber) from Mexico did not make sales
at prices below normal value during the
period of review (POR) September 1,
2021, through August 31, 2022. We also
preliminarily find that Dynasol
Elastomeros S.A. de C.V. (Dynasol
Elastomeros) had no shipments during
the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable October 10, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Maciuba, 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) 482–0413.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 12, 2017, Commerce
published in the Federal Register the
antidumping duty order on ESB rubber
from Mexico.1 On November 3, 2022,
1 See Emulsion Styrene-Butadiene Rubber from
Brazil, the Republic of Korea, Mexico, and Poland:
Antidumping Duty Orders, 82 FR 42790 (September
12, 2017) (Order).
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69907
Commerce initiated an administrative
review of the Order, in accordance with
section 751(a) of the Tariff Act of 1930,
as Amended (the Act).2 We selected
Negromex as the sole mandatory
respondent in this review.3
On May 18, 2023, Commerce
extended the deadline for issuance of
the preliminary results until September
29, 2023.4 For a complete description of
the events that followed the initiation of
the review, see the Preliminary Decision
Memorandum.5
Scope of the Order
The merchandise subject to the Order
is ESB rubber from Mexico. For a
complete description of the scope, see
the Preliminary Decision Memorandum.
Preliminary Determination of No
Shipments
On November 4, 2022, we received a
letter from Dynasol Elastomeros
notifying Commerce that it had no
exports, sales, or entries of subject
merchandise during the POR.6 This
certification was consistent with entry
data obtained by Commerce.7 Therefore,
we preliminarily determine that
Dynasol Elastomeros had no shipments
of subject merchandise to the United
States during the POR. Consistent with
Commerce’s practice,8 we find that it is
not appropriate to rescind the review
with respect to Dynasol Elastomeros,
but rather to complete the review and
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
66275 (November 3, 2022) (Initiation Notice). The
Initiation Notice references the six companies for
which the petitioner requested review: Continental
Tires de Mexico S.A. de C.V. (Continental Tires);
Dynasol Elastomeros; Dynasol LLC (Dynasol);
Hyundai Glovis Mexico S. de R.L. de C.V. (Hyundai
Glovis); Negromex; and Pirelli Neumaticos, S.A. de
C.V. (Pirelli Neumaticos).
3 See Memorandum, ‘‘Respondent Selection,’’
December 6, 2022.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the 2021–2022 Antidumping
Duty Administrative Review,’’ dated May 18, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order: Emulsion
Styrene-Butadiene Rubber from Mexico; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 See Dynasol Elastomeros’s Letter, ‘‘Notification
of No Shipments,’’ dated November 4, 2022.
7 Additionally, Commerce issued a no-shipment
inquiry to U.S. Customs and Border Protection
(CBP), which is pending at this time.
8 See, e.g., Welded Line Pipe from the Republic of
Korea: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2016–2017, 84 FR
4046, 4047 (February 14, 2019), unchanged in
Welded Line Pipe from the Republic of Korea: Final
Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2016–2017, 84 FR 27762 (June 14, 2019).
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Agencies
[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69905-69907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22407]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
companies in the People's Republic of China (China) made sales of
subject merchandise at less than normal value (NV) during the period of
review (POR) September 10, 2020, through February 28, 2022.
DATES: Applicable October 10, 2023.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Dusten Hom, AD/CVD
Operations, Office I, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3477 and (202)
482-5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2023, Commerce published the preliminary results of
this review in the Federal Register and invited interested parties to
comment on those results.\1\ For a complete description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\ Commerce conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
---------------------------------------------------------------------------
\1\ See Certain Corrosion Inhibitors from the People's Republic
of China: Preliminary Results and Partial Rescission of the
Antidumping Duty Administrative Review; 2020-2022, 88 FR 20488
(April 6, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2022 Administrative Review of the
Antidumping Duty Order on Certain Corrosion Inhibitors from the
People's Republic of China,'' 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 Order are certain corrosion inhibitors
from China. A complete description of the scope of the Order is
contained in the Issues and Decision Memorandum.
[[Page 69906]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this administrative review are addressed in the Issues and Decision
Memorandum and are listed 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 the comments received, we made no changes to the
Preliminary Results.\4\ For a more detailed discussion of the issues
raised by parties, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ See Preliminary Results.
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of
a rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation,
for guidance when calculating the rate for respondents not individually
examined in an administrative review. Under section 735(c)(5)(A) of the
Act, the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted average dumping margins established
for exporters and producers individually investigated, excluding any
zero and de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .'' Accordingly, in the final
results of review, we are assigning to the non-selected separate rate
respondents an estimated weighted-average dumping margin based on the
average of Anhui Trust Chem Co., Ltd.'s, and its affiliates
(collectively Anhui), and Nantong Botao Chemical Co., Ltd's (Botao)
rates weighted by their publicly available ranged U.S. sales values.
Final Results of the Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period September 10, 2020, through
February 28, 2022:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Anhui Trust Chem Co., Ltd........................... 6.12
Nantong Botao Chemical Co., Ltd..................... 14.66
Review-Specific Average Rate Applicable to the
Following Companies:
Gold Chemical Limited........................... 9.95
Jiangyin Delian Chemical Co., Ltd............... 9.95
Kanghua Chemical Co., Ltd....................... 9.95
------------------------------------------------------------------------
Disclosure
Because we have not modified our analysis to the Preliminary
Results, we are adopting the Preliminary Results as the final results
of this review. Consequently, there are no new calculations to disclose
in accordance with 19 CFR 351.224(b) for the final results of review.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce intends to determine, and U.S. Customs and
Border Protections (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with the final
results of this review. Pursuant to 19 CFR 351.212(b)(1), for Anhui and
Botao, we calculated importer-specific ad valorem duty assessment rates
based on the ratio of the total amount of dumping calculated for each
importer's examined sales and the total entered value of the sales in
accordance with 19 CFR 351.212(b)(1). Where an importer-specific
assessment rate is de minimis (i.e., less than 0.5 percent), the
entries by that importer will be liquidated without regard to
antidumping duties.
For all non-selected separate rate applicants subject to this
review, we will instruct CBP to liquidate all entries of subject
merchandise that entered the United States during the POR at the
average of the rates calculated for Anhui and Botao as listed above.
For entries of subject merchandise during the POR produced by Anhui and
Botao for which they did not know their merchandise was destined for
the United States, we intend to instruct CBP to liquidate such entries
at the China-wide rate if there is no rate for the intermediate company
or companies involved in the transaction.
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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
subject to this review will be the rate established in these final
results of the review; (2) for previously investigated or reviewed
Chinese and non-Chinese exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding in which they were reviewed; (3) 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 equal to the weighted-
average dumping margin for the China-wide entity (i.e., 241.02
percent); and (4) for all non-Chinese exporters of subject merchandise
which have not received their own separate rate, the cash deposit rate
will be the rate applicable to the Chinese exporter(s) that supplied
that non-Chinese exporter.\5\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\5\ See Order, 86 FR at 14871.
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[[Page 69907]]
Notification to Importers
This notice 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 and/or countervailing 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 and/or countervailing duties has
occurred and the subsequent assessment of double antidumping duties,
and/or an increase in the amount of antidumping duties by the amount of
countervailing duties.
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 return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is 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: October 3, 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. Change Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Incorrectly Valued Overhead
Materials as Direct Materials
Comment 2: Whether Commerce Should Use the Initial Factors of
Production (FOP) Database to Calculate Surrogate Values (SV)
Comment 3: Use of Financial Statements (FS) to Value Factory
Overhead, Selling, General, and Administrative Expenses, and Profit
Comment 4: Whether Commerce Should Continue to Assign Separate
Rate Status to Kanghua Chemical Co., Ltd. (Chuzhou Kanghua)
Comment 5: Whether Commerce Should Value Air Freight Based on
International Air Transport Association (IATA) or Malaysian
Investment Development Authority (MIDA) Data
Commerce 6: Whether Commerce Should Value Labor Rates Based on
Malaysian International Labor Organization (ILOSTAT) Data Instead of
European Union Statistics Service (EUROSTAT) Labor Data
Commerce 7: Whether Commerce Should Offset Botao's AD Margin by
the Double Remedy Pass Through Subsidies Calculated in the Companion
Countervailing Duty (CVD) Proceeding
Commerce 8: Whether Commerce's Application of the Cohen's d Test
to Botao's U.S. Sales Is Supported by Law
VI. Recommendation
[FR Doc. 2023-22407 Filed 10-6-23; 8:45 am]
BILLING CODE 3510-DS-P