Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2022-2023, 22994-22997 [2024-07070]
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22994
Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
March 6, 2024, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s final scope
ruling. This notice is published in
fulfillment of the publication
requirements of Timken.
Amended Final Scope Ruling
There is now a final scope decision
with respect to the Star Pipe Final
Scope Ruling. Therefore, Commerce is
amending its Final Scope Ruling and
finds that the scope of the Order does
not cover the products addressed in the
Star Pipe Final Scope Ruling. The
period to appeal the CIT’s ruling expires
on May 6, 2024. Commerce will instruct
U.S. Customs and Border Protection
(CBP) that, pending any appeals, the
cash deposit rate will be zero percent for
entries of Star Pipe’s ductile iron flanges
from China. In accordance with the
CIT’s order sustaining Commerce’s
Fourth Remand Redetermination,
Commerce intends to, with the
publication of this notice, issue
instructions to CBP to lift suspension of
liquidation of such entries, and to
liquidate entries of the ductile iron
flanges without regard to antidumping
duties, with consideration for any
potential appeal of the CIT’s final
judgement.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c)(1) and
(e), of the Act.
Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
2024, for the transmittal of applications.
This notice extends the deadline for
transmittal of applications until May 15,
2024.
DATES: Applications for immediate
consideration for membership must be
received by the Office of SelectUSA by
5:00 p.m. Eastern Daylight Time (EDT)
on May 15, 2024. Applications received
after this date may be considered by
SelectUSA as appropriate and when
vacancies become available.
ADDRESSES: Please submit application
information by email to IAC@trade.gov.
FOR FURTHER INFORMATION CONTACT:
Claire Pillsbury, SelectUSA, U.S.
Department of Commerce; telephone:
(202) 578–8239; email: IAC@trade.gov.
SUPPLEMENTARY INFORMATION: On
February 7, 2024, we published a notice
soliciting members for the United States
Investment Advisory Council in the
Federal Register (89 FR 8405). The
notice established a deadline date of
March 20, 2024, for the transmittal
applications. We are extending the
deadline for the transmittal of
applications to allow additional time for
applicants to complete and submit their
applications.
All applications previously received
pursuant to the February 7, 2024
Federal Register Notice will be duly
considered during the extended
solicitation period and should not be
resubmitted.
Note: All requirements and conditions
stated in the original notice remain the same,
except for the deadline for the transmittal of
applications.
Jasjit Kalra,
Executive Director, SelectUSA.
[FR Doc. 2024–06988 Filed 4–2–24; 8:45 am]
BILLING CODE 3510–DR–P
[FR Doc. 2024–07075 Filed 4–2–24; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DS–P
International Trade Administration
DEPARTMENT OF COMMERCE
United States Investment Advisory
Council
SelectUSA, International Trade
Administration, Department of
Commerce.
ACTION: Notice of deadline extension.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
On February 7, 2024, the
Department of Commerce published in
the Federal Register a notice soliciting
applications for membership on the
United States Investment Advisory
Council (IAC or Council). The notice
established a deadline date of March 20,
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SUPPLEMENTARY INFORMATION:
Background
On March 19, 2021, Commerce
published in the Federal Register the
antidumping duty (AD) order on certain
corrosion inhibitors from the People’s
Republic of China (China).1 On March 2,
2023, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order.2 On May 9, 2023, based on
timely requests for an administrative
review, Commerce initiated the
administrative review of the Order.3 The
administrative review covers 21
companies, including two mandatory
respondents, Anhui Trust Chem Co.,
Ltd., and Nantong Botao Chemical Co.,
Ltd.4
On October 30, 2023, Commerce
extended the deadline for these
preliminary results to March 28, 2024.5
For a complete description of the events
that occurred since the initiation of this
review, see the Preliminary Decision
Memorandum.6 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. A list of topics
discussed in the Preliminary Decision
[A–570–122]
International Trade Administration
SUMMARY:
March 1, 2022, through February 28,
2023. Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable April 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla and Dusten Hom, 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) 482–3477, and (202) 482–5075,
respectively.
Certain Corrosion Inhibitors From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers and/
or exporters made sales of certain
corrosion inhibitors (corrosion
inhibitors) at less than normal value
during the period of review (POR)
AGENCY:
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1 See Certain Corrosion Inhibitors from the
People’s Republic of China: Antidumping Duty
Order, 86 FR 14869 (March 19, 2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 88 FR 13091
(March 2, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29881 (May 9, 2023) (Initiation Notice).
4 See Memoranda, ‘‘Respondent Selection,’’ dated
June 22, 2023.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ dated October 30, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the 2022–2023 Antidumping
Duty Administrative Review of Certain Corrosion
Inhibitors from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
Memorandum is included in appendix I
to this notice. In addition, a complete
version of the Preliminary Decision
Memorandum can be found at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The products covered by this Order
are certain corrosion inhibitors from
China. A full description of the scope of
the Order is contained in the
Preliminary Decision Memorandum.7
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Separate Rates
Commerce preliminarily determines
that three companies, not individually
examined, are eligible for separate rates
in this administrative review.8
The Tariff Act of 1930, as amended
(the Act) and Commerce’s regulations
do not address the establishment of a
separate rate to be applied to companies
not selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777AI(2) of the Act. Generally,
Commerce looks 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 separate-rate
respondents which Commerce did not
examine individually in an
administrative review. Section
735(c)(5)(A) of the Act states that the allothers rate should be calculated by
averaging the weighted-average
dumping margins calculated for
individually-examined respondents,
excluding dumping margins that are
zero, de minimis, or based entirely on
facts available. For the preliminary
results of this review, Commerce
determined the estimated dumping
margins for Anhui Trust Chem Co., Ltd.,
and affiliates, and Nantong Botao
Chemical Co., Ltd to be 11.58, and 8.27
percent, respectively. For the reasons
explained in the Preliminary Decision
Memorandum, we are assigning the
10.49 percent rate to the three nonexamined respondents, Gold Chemical
Limited (Gold Chemical); Jiangyin
Delian Chemical Co., Ltd. (Delian);
Kanghua Chemical Co., Ltd. (Chuzhou
Kanghua), which qualify for a separate
rate in this review, consistent with
Commerce’s practice and section
735(c)(5)(A) of the Act.
China-Wide Entity
Commerce’s policy regarding the
conditional review of the China-wide
entity applies to this administrative
7 Id.
8 See Appendix II; see also Preliminary Decision
Memorandum at the ‘‘Separate Rate Determination’’
section for more details.
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review.9 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in this
review, the entity is not under review,
and the entity’s assessment rate (i.e.,
241.02 percent) is not subject to
change.10 For the reasons explained in
the Preliminary Decision Memorandum,
Commerce considers all other
companies for which a review was
requested (none of which filed a
separate rate application), listed in
Appendix II to this notice, to be part of
the China-wide entity.11
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of the
Administrative Review
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist for the
administrative review covering the
period March 1, 2022, through February
28, 2023:
Weightedaverage
dumping
margin
(percent)
Exporter
Anhui Trust Chem Co., Ltd.;
Jiangsu Trust Chem Co., Ltd.;
Nanjing Trust Chem Co., Ltd ..
Nantong Botao Chemical Co.,
Ltd ...........................................
Gold Chemical Limited ...............
Jiangyin Delian Chemical Co.,
Ltd ...........................................
Kanghua Chemical Co., Ltd .......
11.58
8.27
10.49
10.49
10.49
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after publication of this notice.12
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
9 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
10 See Order.
11 See Appendix II for the list of companies that
are subject to this administrative review that are
considered to be part of the China-wide entity.
12 See 19 CFR 351.224(b).
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22995
case briefs, may be filed not later than
five days after the date for filing case
briefs.13 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs.14 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding are must submit: (1) table of
contents listing each issue; and (2) a
table of authorities.15
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.16 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, no 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).17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the
publication of this notice. Requests
should contain the party’s name,
address, telephone number, the number
of participants, whether any participant
is a foreign national, and a list of the
issues to be discussed. If a request for
a hearing is made, Commerce will
announce the date and time of the
hearing.
13 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
Service Final Rule).
14 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
15 See 19 CFR 351.309(c)(2) and (d)(2); see also 19
CFR 351.303 (for general filing requirements).
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See APO and Service Final Rule.
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Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
Final Results of Review
Unless the deadline is extended,
Commerce intends to issue the final
results of this review, including the
results of its analysis of the issues raised
in any written briefs, no later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon issuing the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.18 If the preliminary results are
unchanged for the final results, we will
instruct CBP to apply an ad valorem
assessment rate of 241.02 percent to all
entries of subject merchandise during
the POR which were exported by the
companies considered to be a part of the
China-wide entity listed in Appendix II
of this notice.
For each individually examined
respondent in this review whose
weighted-average dumping margin in
the final results of review is not zero or
de minimis (i.e., less than 0.5 percent),
Commerce intends to calculate
importer/customer-specific assessment
rates.19 Where the respondent reported
reliable entered values, Commerce
intends to calculate importer/customerspecific ad valorem assessment rates by
aggregating the amount of dumping
calculated for all U.S. sales to the
importer/customer and dividing this
amount by the total entered value of the
merchandise sold to the importer/
customer.20 Where the respondent did
not report entered values, Commerce
will calculate importer/customerspecific assessment rates by dividing the
amount of dumping for reviewed sales
to the importer/customer by the total
quantity of those sales. Commerce will
calculate an estimated ad valorem
importer/customer-specific assessment
rate to determine whether the per-unit
assessment rate is de minimis; however,
Commerce will use the per-unit
assessment rate where entered values
were not reported.21 Where an importer/
customer-specific ad valorem
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted average dumping
18 See
19 CFR 351.212(b)(1).
Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
20 See 19 CFR 351.212(b)(1).
21 Id.
19 See
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margin is zero or de minimis, or an
importer/customer-specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.22
For the respondents that were not
selected for individual examination in
this administrative review, but which
qualified for a separate rate, the
assessment rate will be based on the
weighted-average dumping margin(s)
assigned to the respondent(s) selected
for individual examination, as
appropriate, in the final results of this
review.23
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
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) for the subject
merchandise exported by the company
listed above that has a separate rate, the
cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
administrative review (except, if the rate
is zero or de minimis, then zero cash
deposit will be required); (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (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 that for the Chinawide entity; and (4) for all non-Chinese
22 See
Final Modification, 77 FR at 8103.
Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: 2014–
2015, 81 FR 29528 (May 12, 2016), and
accompanying Issues and Decision Memorandum at
10–11, unchanged in Drawn Stainless Steel Sinks
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014–2015, 81 FR
54042 (August 15, 2016).
23 See
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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 serves as a preliminary
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 these PORs.
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 double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing
these preliminary results of this review
in accordance with sections
751(a)(1)(B), 751(a)(3) and 777(i) of the
Act, and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussions of the Methodology
VI. Adjustment Under Section 777A(f) of the
Act
VII. Currency Conversion
VIII. Recommendation
Appendix II
Companies Considered To Be Part of the
China-Wide Entity
1. Alfa Aesar China Chemical Co. Ltd.
2. Focus Chemical B.V.
3. Haruno Sangyo Kaisha Ltd.
4. Johoku Chemical Co., Ltd.
5. KD Finechem Co., Ltd.
6. New Essential Corp.
7. Sagar Speciality Chemicals Pvt., Ltd.
8. Shanghai Sunwise Chemicals Pvt., Ltd.
9. Sinochem Pharmaceutical Co., Ltd.
10. Tianjin Jinbin International Trade
11. TotalEnergies Lubrifiants
12. Vcare Medicines
13. Wuxi Base International Trade Co., Ltd.
14. Xiamen Amity Industry & Trade Co., Ltd.
15. Yasho Industries Pvt. Ltd.
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Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
16. Zaozhuang Kerui Chemicals Co., Ltd
Co., Ltd. (Shandong Dongyue), Zhejiang
Sanmei Chemical Ind. Co., Ltd.
(Zhejiang Sanmei), and Zhejiang
Yonghe Refrigerant Co., Ltd. (Zhejiang
Yonghe),3 Commerce initiated an
administrative review of the Order
covering four companies,4 including the
two mandatory respondents, Zhejiang
Yonghe and Zhejiang Sanmei. On
November 21, 2023, Commerce
extended the deadline for the
preliminary results of this review until
March 29, 2024.5
[FR Doc. 2024–07070 Filed 4–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–137]
Pentafluoroethane (R–125) From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2023
Scope of the Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Pentafluoroethane (R–125)
from the People’s Republic of China
(China) was sold in the United States at
prices below normal value (NV) during
the period of review (POR), August 17,
2021, through February 28, 2023.
Additionally, we are rescinding this
administrative review in part with
respect to two companies for which all
review requests were withdrawn. We
invite interested parties to comment on
these preliminary results of review.
DATES: Applicable April 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Andrew Hart or Samantha Kinney, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1058 or (202) 482–2285,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
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On March 3, 2022, Commerce
published in the Federal Register the
antidumping duty (AD) order on R–125
from China.1 On March 2, 2023,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order, covering the POR, pursuant to
section 751(a)(1) of the Tariff Act of
1930, as amended (the Act).2 On May 9,
2023, based on timely requests for
review from Huantai Dongyue
International Trade Co., Ltd. (Huantai
Dongyue), Shandong Dongyue Chemical
1 See Pentafluoroethane (R–125) from the People’s
Republic of China: Antidumping and
Countervailing Duty Orders, 87 FR 12081 (March 3,
2022) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 13091 (March 2, 2023).
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The product covered by the Order is
R–125 from China. For a full description
of the scope of the Order, see the
Preliminary Decision Memorandum.6
Rescission of Review, In Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of the notice of
initiation of the requested review. On
June 18 and July 18, 2023, Huantai
Dongyue and Shandong Dongyue each
timely withdrew its request for review
of itself, respectively.7 Because no other
parties requested a review of these two
companies, Commerce is rescinding the
administrative review in part, with
respect to these companies. See the
Preliminary Decision Memorandum for
further discussion.
3 See Huantai Dongyue’s Letter, ‘‘Request for
Administrative Review,’’ dated March 31, 2023;
Shandong Dongyue’s Letter, ‘‘Request for
Administrative Review,’’ dated March 31, 2023;
Zhejiang Sanmei’s Letter, ‘‘Request for
Administrative Review,’’ dated March 31, 2023; and
Zhejiang Yonghe’s Letter, ‘‘Request for
Administrative Review,’’ dated March 31, 2023.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29887 (May 9, 2023) (Initiation Notice). The
Initiation Notice listed five companies. However,
Zhejiang Sanmei Chemical Ind. Co., Ltd. is the same
company as Zhejiang Sanmei Chemical Industry
Co., Ltd.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated November 21, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2023
Antidumping Duty Administrative Review of
Pentafluoroethane (R–125) from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
7 See Huantai Dongyue’s Letter, ‘‘Withdrawal of
Request for Administrative Review,’’ dated June 18,
2023; see also Shandong Dongyue’s Letter,
‘‘Withdrawal of Request for Administrative Review
and Request Suspension of Deadlines,’’ dated July
18. 2023.
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22997
Separate Rates
Commerce preliminarily determines
that the Sanmei Companies 8 and the
Yonghe Companies,9 the two companies
individually examined in this review,
are eligible to receive separate rates in
this review.10
China-Wide Entity
Under Commerce’s policy regarding
the conditional review of the Chinawide entity,11 the China-wide entity
will not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 267.51 percent) is not
subject to change.12
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated export price
in accordance with section 772 of the
Act. Because China is a non-market
economy country within the meaning of
section 771(18) of the Act, we calculated
NV in accordance with section 773(c) of
the Act.
For a full description of the
methodology underlying our
preliminary results, see the Preliminary
Decision Memorandum.13 A list of
topics discussed in the Preliminary
Decision Memorandum is included as
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
8 We preliminarily find that the following
affiliated companies should be collapsed and
treated as a single entity: Zhejiang Sanmei; Jiangsu
Sanmei Chemical Ind. Co., Ltd.; and Fujian Qingliu
Dongying Chemical Ind. Co., Ltd. (collectively,
Sanmei Companies). For further discussion, see
Memorandum, ‘‘Affiliation and Single Entity
Determination for Zhejiang Sanmei Chemical Ind.
Co., Ltd.,’’ dated concurrently with this notice.
9 We preliminarily find that the following
affiliated companies should be collapsed and
treated as a single entity: Zhejiang Yonghe; Jinhua
Yonghe Flurine Chemical Co., Ltd.; Inner Mongolia
Yonghe Fluorochemical Co., Ltd.; and Shaowu
Yonge Jintag new material Co., Ltd. (collectively,
Yonghe Companies). For further discussion, see
Memorandum, ‘‘Affiliation and Single Entity
Determination for Zhejiang Yonghe Refrigerant Co.,
Ltd.,’’ dated concurrently with this notice.
10 See Preliminary Decision Memorandum at
‘‘Separate Rate Recipients’’ section.
11 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
12 See Order.
13 See Preliminary Decision Memorandum at
‘‘Discussion of the Methodology’’ section.
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22994-22997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07070]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review;
2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers and/or exporters made sales of
certain corrosion inhibitors (corrosion inhibitors) at less than normal
value during the period of review (POR) March 1, 2022, through February
28, 2023. Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable April 3, 2024.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla and Dusten Hom, 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) 482-3477, and (202) 482-
5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2021, Commerce published in the Federal Register the
antidumping duty (AD) order on certain corrosion inhibitors from the
People's Republic of China (China).\1\ On March 2, 2023, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On May 9, 2023, based on timely
requests for an administrative review, Commerce initiated the
administrative review of the Order.\3\ The administrative review covers
21 companies, including two mandatory respondents, Anhui Trust Chem
Co., Ltd., and Nantong Botao Chemical Co., Ltd.\4\
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\1\ See Certain Corrosion Inhibitors from the People's Republic
of China: Antidumping Duty Order, 86 FR 14869 (March 19, 2021)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 88 FR 13091 (March 2, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29881 (May 9, 2023) (Initiation
Notice).
\4\ See Memoranda, ``Respondent Selection,'' dated June 22,
2023.
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On October 30, 2023, Commerce extended the deadline for these
preliminary results to March 28, 2024.\5\ For a complete description of
the events that occurred since the initiation of this review, see the
Preliminary Decision Memorandum.\6\ 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. A list of topics discussed in the Preliminary
Decision
[[Page 22995]]
Memorandum is included in appendix I to this notice. In addition, a
complete version of the Preliminary Decision Memorandum can be found at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated October 30, 2023.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2022-2023 Antidumping Duty Administrative Review of
Certain Corrosion Inhibitors from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by this Order are certain corrosion inhibitors
from China. A full description of the scope of the Order is contained
in the Preliminary Decision Memorandum.\7\
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\7\ Id.
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Separate Rates
Commerce preliminarily determines that three companies, not
individually examined, are eligible for separate rates in this
administrative review.\8\
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\8\ See Appendix II; see also Preliminary Decision Memorandum at
the ``Separate Rate Determination'' section for more details.
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The Tariff Act of 1930, as amended (the Act) and Commerce's
regulations do not address the establishment of a separate rate to be
applied to companies not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777AI(2) of the Act. Generally, Commerce looks 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 separate-rate respondents which Commerce did not examine
individually in an administrative review. Section 735(c)(5)(A) of the
Act states that the all-others rate should be calculated by averaging
the weighted-average dumping margins calculated for individually-
examined respondents, excluding dumping margins that are zero, de
minimis, or based entirely on facts available. For the preliminary
results of this review, Commerce determined the estimated dumping
margins for Anhui Trust Chem Co., Ltd., and affiliates, and Nantong
Botao Chemical Co., Ltd to be 11.58, and 8.27 percent, respectively.
For the reasons explained in the Preliminary Decision Memorandum, we
are assigning the 10.49 percent rate to the three non-examined
respondents, Gold Chemical Limited (Gold Chemical); Jiangyin Delian
Chemical Co., Ltd. (Delian); Kanghua Chemical Co., Ltd. (Chuzhou
Kanghua), which qualify for a separate rate in this review, consistent
with Commerce's practice and section 735(c)(5)(A) of the Act.
China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\9\ Under this
policy, the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity in
this review, the entity is not under review, and the entity's
assessment rate (i.e., 241.02 percent) is not subject to change.\10\
For the reasons explained in the Preliminary Decision Memorandum,
Commerce considers all other companies for which a review was requested
(none of which filed a separate rate application), listed in Appendix
II to this notice, to be part of the China-wide entity.\11\
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\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\10\ See Order.
\11\ See Appendix II for the list of companies that are subject
to this administrative review that are considered to be part of the
China-wide entity.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the administrative review
covering the period March 1, 2022, through February 28, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Anhui Trust Chem Co., Ltd.; Jiangsu Trust Chem Co., Ltd.; 11.58
Nanjing Trust Chem Co., Ltd................................
Nantong Botao Chemical Co., Ltd............................. 8.27
Gold Chemical Limited....................................... 10.49
Jiangyin Delian Chemical Co., Ltd........................... 10.49
Kanghua Chemical Co., Ltd................................... 10.49
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after publication of this notice.\12\ 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.\13\ Pursuant to
19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised
in the case briefs.\14\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding are must submit: (1) table of
contents listing each issue; and (2) a table of authorities.\15\
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\12\ See 19 CFR 351.224(b).
\13\ 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 Service Final Rule).
\14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\15\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
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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.\16\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, no 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the publication of this notice. Requests should contain the
party's name, address, telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce will
announce the date and time of the hearing.
[[Page 22996]]
Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\18\ If the preliminary
results are unchanged for the final results, we will instruct CBP to
apply an ad valorem assessment rate of 241.02 percent to all entries of
subject merchandise during the POR which were exported by the companies
considered to be a part of the China-wide entity listed in Appendix II
of this notice.
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\18\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates.\19\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer/customer and dividing this amount by the total entered value
of the merchandise sold to the importer/customer.\20\ Where the
respondent did not report entered values, Commerce will calculate
importer/customer-specific assessment rates by dividing the amount of
dumping for reviewed sales to the importer/customer by the total
quantity of those sales. Commerce will calculate an estimated ad
valorem importer/customer-specific assessment rate to determine whether
the per-unit assessment rate is de minimis; however, Commerce will use
the per-unit assessment rate where entered values were not
reported.\21\ Where an importer/customer-specific ad valorem assessment
rate is not zero or de minimis, Commerce will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either the
respondent's weighted average dumping margin is zero or de minimis, or
an importer/customer-specific ad valorem assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\22\
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\19\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\20\ See 19 CFR 351.212(b)(1).
\21\ Id.
\22\ See Final Modification, 77 FR at 8103.
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For the respondents that were not selected for individual
examination in this administrative review, but which qualified for a
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s) selected for
individual examination, as appropriate, in the final results of this
review.\23\
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\23\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying Issues and Decision
Memorandum at 10-11, unchanged in Drawn Stainless Steel Sinks from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
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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 review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for the subject merchandise
exported by the company listed above that has a separate rate, the cash
deposit rate will be equal to the weighted-average dumping margin
established in the final results of this administrative review (except,
if the rate is zero or de minimis, then zero cash deposit will be
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (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 that for the
China-wide entity; and (4) 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 serves as a preliminary 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 these PORs. 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 double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results of
this review in accordance with sections 751(a)(1)(B), 751(a)(3) and
777(i) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4).
Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussions of the Methodology
VI. Adjustment Under Section 777A(f) of the Act
VII. Currency Conversion
VIII. Recommendation
Appendix II
Companies Considered To Be Part of the China-Wide Entity
1. Alfa Aesar China Chemical Co. Ltd.
2. Focus Chemical B.V.
3. Haruno Sangyo Kaisha Ltd.
4. Johoku Chemical Co., Ltd.
5. KD Finechem Co., Ltd.
6. New Essential Corp.
7. Sagar Speciality Chemicals Pvt., Ltd.
8. Shanghai Sunwise Chemicals Pvt., Ltd.
9. Sinochem Pharmaceutical Co., Ltd.
10. Tianjin Jinbin International Trade
11. TotalEnergies Lubrifiants
12. Vcare Medicines
13. Wuxi Base International Trade Co., Ltd.
14. Xiamen Amity Industry & Trade Co., Ltd.
15. Yasho Industries Pvt. Ltd.
[[Page 22997]]
16. Zaozhuang Kerui Chemicals Co., Ltd
[FR Doc. 2024-07070 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P
