Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Rescission of Review, in Part; 2021, 85214-85216 [2023-26861]
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ddrumheller on DSK120RN23PROD with NOTICES1
85214
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
For those companies which were not
individually examined, we will instruct
CBP to assess antidumping duties at an
ad valorem rate equal to the weightedaverage dumping margin determined for
the non-examined companies in the
final results of this review.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of doubled antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, 19 CFR
351.213(h)(2), and 19 CFR 351.221(b)(4).
Cash Deposit Requirements
The following 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withdrawn from warehouse, for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 each specific
company listed above will be equal to
the weighted-average dumping margin
established in the final results of this
administrative review, except if the rate
is less than 0.50 percent and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rates will be zero; (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the producer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be the allothers rate of 8.35 percent.15 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See Order, 81 FR at 81063.
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FOR FURTHER INFORMATION CONTACT:
Miranda Bourdeau or Eliza DeLong, 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 or (202) 482–3878,
respectively.
SUPPLEMENTARY INFORMATION:
Background
International Trade Administration
On November 13, 2014, Commerce
published the countervailing duty order
on chlorinated isos in the Federal
Register.1 On January 3, 2023,
Commerce published a notice of
initiation of an administrative review of
the Order.2 On June 30, 2023,
Commerce extended the time period for
issuing these preliminary results until
November 30, 2023, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act).3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included at the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
[C–570–991]
Scope of the Order 5
Appendix
List of Topics Discussed in the
Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Affiliation and Collapsing
VI. Companies Not Selected for
Individual Examination
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2023–26878 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Chlorinated Isocyanurates From the
People’s Republic of China:
Preliminary Results of the
Countervailing Duty Administrative
Review and Rescission of Review, in
Part; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that countervailable subsidies are
being provided to producers and
exporters of chlorinated isocyanurates
(chlorinated isos) from the People’s
Republic of China (China) during the
period of review (POR), January 1, 2021,
through December 31, 2021. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable December 7, 2023.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
The products covered by the Order
are chlorinated isos. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Countervailing Duty Order, 79
FR 67424 (November 13, 2014) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
50 (January 3, 2023).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated June 30, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Chlorinated
Isocyanurates from the People’s Republic of China
and Rescission of Administrative Review, in Part;
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Chlorinated Isocyanurates from the People’s
Republic of China: Countervailing Duty Order, 79
FR 67424 (November 13, 2014) (Order).
E:\FR\FM\07DEN1.SGM
07DEN1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(3),
Commerce will rescind an
administrative review when there are no
reviewable suspended entries. Based on
our analysis of U.S. Customs and Border
Protection (CBP) information, we
preliminarily determine that Henan
Zerui New Material, Jinchang
International Forwarding, Qingdao
Fortune Logistics Co., Ltd., Qingdao
Kingnod Group Co., Ltd., and Shanghai
Sumiso International Logis had no
entries of subject merchandise during
the POR. On November 16, 2023, we
notified parties that we intended to
rescind this administrative review with
respect to these companies.6 No parties
commented on the notification of intent
to rescind the review, in part. We are,
therefore, rescinding the administrative
review of these companies. For
additional information regarding this
determination, see the Preliminary
Decision Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Act. For each of the subsidy
programs found countervailable, we
preliminarily find that there is a
subsidy, i.e., a financial contribution
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.7
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that the
Government of China did not act to the
best of its ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.8 For further
information, see the Preliminary
Decision Memorandum at the section
titled, ‘‘Use of Facts Otherwise
Available and Adverse Inferences.’’
Company Not Selected for Individual
Review
The Act and Commerce’s regulations
do not directly address the subsidy rate
to be applied to companies not selected
for individual examination where
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
6 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated November 16, 2023.
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.
8 See sections 776(a) and (b) of the Act.
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20:23 Dec 06, 2023
Jkt 262001
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation.
Section 777A(e)(2) of the Act provides
that ‘‘the individual countervailable
subsidy rates determined under
subparagraph (A) shall be used to
determine the all-others rate under
section 705(c)(5) {of the Act}.’’ Section
705(c)(5)(A) of the Act states that for
companies not investigated, in general,
we will determine an all-others rate by
weight-averaging the countervailable
subsidy rates established for each of the
companies individually investigated,
excluding zero and de minimis rates or
any rates based solely on the facts
available.
Accordingly, to determine the rate for
companies not selected for individual
examination, Commerce’s practice is to
weight average the net subsidy rates for
the selected mandatory respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available. We preliminarily determine
that Heze Huayi Chemical Co., Ltd.
(Heze Huayi) and Juancheng Kangtai
Chemical Co., Ltd. (Kangtai) received
countervailable subsidies that are above
de minimis and are not based entirely
on facts available. Therefore, we
preliminarily determine to apply the
weighted average of the net subsidy
rates calculated for Heze Huayi and
Kangtai using publicly-ranged sales data
submitted by those respondents to the
non-selected company. The company
for which a review was requested, and
which was not selected as a mandatory
respondents or found to be cross-owned
with a mandatory respondent, is Sincere
Cooperation Material.
85215
(collectively, the petitioners) to verify
the information submitted in this
administrative review, pursuant to 19
CFR 307(b)(1)(iv).9 Commerce does not
intend to verify the information
submitted by the mandatory
respondents in the course of this
administrative review.
Assessment Rate
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
results, Commerce shall determine, and
CBP shall assess, countervailing duties
on all appropriate entries in accordance
with the final results of this review. If
the assessment rate calculated in the
final results is zero or de minimis, we
will instruct CBP to liquidate all
appropriate entries without regard to
countervailing duties. For the
companies for which this review is
rescinded, we will instruct CBP to
assess countervailing duties on all
appropriate entries at a rate equal to the
cash deposit of estimated countervailing
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2021, through December 31, 2021, in
accordance with 19 CFR 351.212(c)(l)(i).
For the companies remaining in the
review, Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amounts
indicated above, except, where the rate
calculated in the final results is zero or
Subsidy
rate
de minimis, no cash deposit will be
Company
(percent
required on shipments of subject
ad valorem)
merchandise entered, or withdrawn
from warehouse, for consumption on or
Heze Huayi Chemical Co.,
Ltd .....................................
3.98 after the date of publication of the final
results of this review. For all nonJuancheng Kangtai Chemical
Co., Ltd .............................
3.96 reviewed firms, we will instruct CBP to
continue to collect cash deposits of
Review-Specific Average Rate Applicable
estimated countervailing duties at the
to the Following Company
most recent company-specific or allSincere Cooperation Material
3.98 others rate applicable to the company,
as appropriate. These cash deposit
instructions, when imposed, shall
Verification
remain in effect until further notice.
Commerce received a timely request
from Bio-Lab, Inc., Clearon Corp., and
9 See Petitioners’ Letter, ‘‘Request for
Occidental Chemical Corporation
Verification,’’ dated April 13, 2023.
Preliminary Results of Review
For the period January 1, 2021,
through December 31, 2021, we
preliminarily find that the following net
subsidy rates exist:
PO 00000
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07DEN1
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of these preliminary
results.10 Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.11 Interested parties
who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a
table of contents listing each issue; and
(2) a table of authorities.12
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.13 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case and
ddrumheller on DSK120RN23PROD with NOTICES1
10 See
19 CFR 351.224(b).
19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Final Service Rule).
12 See 19 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See APO and Final Service Rule.
11 See
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20:23 Dec 06, 2023
Jkt 262001
rebuttal briefs.15 Parties are reminded
that all briefs and hearing requests must
be filed electronically using ACCESS
and received successfully in their
entirety by 5:00 p.m. Eastern Time on
the due date.
Final Results of Review
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213.
(Indonesia), and Adam Simons (the
Socialist Republic of Vietnam
(Vietnam)), AD/CVD Operations, Offices
II, IV, V, and IX, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2638, (202) 482–3350, (202)
482–2517, and (202) 482–6172,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2023, the U.S.
Department of Commerce (Commerce)
initiated countervailing duty
investigations of imports of frozen
warmwater shrimp from Ecuador, India,
Indonesia, and Vietnam.1 Currently, the
preliminary determinations are due no
later than January 18, 2024.
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Postponement of Preliminary
Determinations
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Appendix
Commerce to issue the preliminary
determination in a countervailing duty
List of Topics Discussed in the
investigation within 65 days after the
Preliminary Decision Memorandum
date on which Commerce initiated the
I. Summary
investigation. However, section
II. Background
703(c)(1) of the Act permits Commerce
III. Scope of the Order
to postpone the preliminary
IV. Rescission of Administrative Review, in
determination until no later than 130
Part
days after the date on which Commerce
V. Rate for Non-Examined Companies
initiated the investigation if: (A) the
VI. Diversification of China’s Economy
petitioner makes a timely request for a
VII. Use of Facts Otherwise Available and
Adverse Inferences
postponement; or (B) Commerce
VIII. Subsidies Valuation
concludes that the parties concerned are
IX. Benchmarks
cooperating, that the investigation is
X. Analysis of Programs
extraordinarily complicated, and that
XI. Recommendation
additional time is necessary to make a
[FR Doc. 2023–26861 Filed 12–6–23; 8:45 am]
preliminary determination. Under 19
BILLING CODE 3510–DS–P
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
DEPARTMENT OF COMMERCE
of the preliminary determination and
must state the reasons for the request.
International Trade Administration
Commerce will grant the request unless
[C–331–806, C–533–921, C–560–843, C–552– it finds compelling reasons to deny the
838]
request.
On November 27, 2023, the
Frozen Warmwater Shrimp From
petitioner 2 submitted a timely request
Ecuador, India, Indonesia, and the
to postpone the preliminary
Socialist Republic of Vietnam:
determinations in these investigations.3
Postponement of Preliminary
The petitioner stated that postponement
Determinations in the Countervailing
of the preliminary determinations is
Duty Investigations
necessary because the current schedule
does not provide adequate time for a
AGENCY: Enforcement and Compliance,
International Trade Administration,
1 See Frozen Warmwater Shrimp from Ecuador,
Department of Commerce.
India, Indonesia, and the Socialist Republic of
DATES: Applicable December 7, 2023.
Vietnam: Initiation of Countervailing Duty
Investigations, 88 FR 81053 (November 21, 2023).
FOR FURTHER INFORMATION CONTACT:
2 The petitioner is the American Shrimp
Zachary Shaykin (Ecuador), Steven
Processors Association.
Seifert (India), Kelsie Hohenberger
3 See Petitioner’s Letter, ‘‘Request to Extend the
15 See
PO 00000
Preliminary Determination,’’ dated November 27,
2023.
19 CFR 351.310.
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]]>Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85214-85216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26861]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Preliminary Results of the Countervailing Duty Administrative Review
and Rescission of Review, in Part; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies are being provided to producers and
exporters of chlorinated isocyanurates (chlorinated isos) from the
People's Republic of China (China) during the period of review (POR),
January 1, 2021, through December 31, 2021. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau or Eliza DeLong, 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 or (202)
482-3878, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2014, Commerce published the countervailing duty
order on chlorinated isos in the Federal Register.\1\ On January 3,
2023, Commerce published a notice of initiation of an administrative
review of the Order.\2\ On June 30, 2023, Commerce extended the time
period for issuing these preliminary results until November 30, 2023,
in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\3\
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated June
30, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of
Chlorinated Isocyanurates from the People's Republic of China and
Rescission of Administrative Review, in Part; 2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \5\
---------------------------------------------------------------------------
\5\ See Chlorinated Isocyanurates from the People's Republic of
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014)
(Order).
---------------------------------------------------------------------------
The products covered by the Order are chlorinated isos. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
[[Page 85215]]
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that Henan Zerui New Material,
Jinchang International Forwarding, Qingdao Fortune Logistics Co., Ltd.,
Qingdao Kingnod Group Co., Ltd., and Shanghai Sumiso International
Logis had no entries of subject merchandise during the POR. On November
16, 2023, we notified parties that we intended to rescind this
administrative review with respect to these companies.\6\ No parties
commented on the notification of intent to rescind the review, in part.
We are, therefore, rescinding the administrative review of these
companies. For additional information regarding this determination, see
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated November 16, 2023.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\7\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of China
did not act to the best of its ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\8\
For further information, see the Preliminary Decision Memorandum at the
section titled, ``Use of Facts Otherwise Available and Adverse
Inferences.''
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Company Not Selected for Individual Review
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where 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 instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general, we will determine an
all-others rate by weight-averaging the countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts available.
We preliminarily determine that Heze Huayi Chemical Co., Ltd. (Heze
Huayi) and Juancheng Kangtai Chemical Co., Ltd. (Kangtai) received
countervailable subsidies that are above de minimis and are not based
entirely on facts available. Therefore, we preliminarily determine to
apply the weighted average of the net subsidy rates calculated for Heze
Huayi and Kangtai using publicly-ranged sales data submitted by those
respondents to the non-selected company. The company for which a review
was requested, and which was not selected as a mandatory respondents or
found to be cross-owned with a mandatory respondent, is Sincere
Cooperation Material.
Preliminary Results of Review
For the period January 1, 2021, through December 31, 2021, we
preliminarily find that the following net subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd............................ 3.98
Juancheng Kangtai Chemical Co., Ltd..................... 3.96
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Company
------------------------------------------------------------------------
Sincere Cooperation Material............................ 3.98
------------------------------------------------------------------------
Verification
Commerce received a timely request from Bio-Lab, Inc., Clearon
Corp., and Occidental Chemical Corporation (collectively, the
petitioners) to verify the information submitted in this administrative
review, pursuant to 19 CFR 307(b)(1)(iv).\9\ Commerce does not intend
to verify the information submitted by the mandatory respondents in the
course of this administrative review.
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\9\ See Petitioners' Letter, ``Request for Verification,'' dated
April 13, 2023.
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Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries in accordance with the
final results of this review. If the assessment rate calculated in the
final results is zero or de minimis, we will instruct CBP to liquidate
all appropriate entries without regard to countervailing duties. For
the companies for which this review is rescinded, we will instruct CBP
to assess countervailing duties on all appropriate entries at a rate
equal to the cash deposit of estimated countervailing duties required
at the time of entry, or withdrawal from warehouse, for consumption,
during the period January 1, 2021, through December 31, 2021, in
accordance with 19 CFR 351.212(c)(l)(i).
For the companies remaining in the review, Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts indicated above, except, where the rate
calculated in the final results is zero or de minimis, no cash deposit
will be required on shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposit instructions, when imposed, shall remain in effect until
further notice.
[[Page 85216]]
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\10\ Pursuant to 19
CFR 351.309(c), interested parties may submit case briefs no later than
30 days after the date of publication of this notice. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\11\ Interested
parties who submit case briefs or rebuttal briefs in this proceeding
must submit: (1) a table of contents listing each issue; and (2) a
table of authorities.\12\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\12\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\13\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce
within 30 days after the date of publication of this notice. Requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs.\15\ Parties are reminded
that all briefs and hearing requests must be filed electronically using
ACCESS and received successfully in their entirety by 5:00 p.m. Eastern
Time on the due date.
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\15\ See 19 CFR 351.310.
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213.
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in Part
V. Rate for Non-Examined Companies
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2023-26861 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
