Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2022, 23001-23003 [2024-07071]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
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).
For the companies for which this
review is rescinded with these
preliminary results, 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, 2022, through
December 31, 2022, in accordance with
19 CFR 351.212(c)(l)(i).
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce
intends, upon publication of the final
results, to instruct CBP to collect cash
deposits of the estimated countervailing
duties in the amount calculated in the
final results of this administrative
review for Yongding with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the 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merchandise entered or withdrawn from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, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate (i.e., 41.17 percent) 15 for
the most recent company-specific rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, 19 CFR 351.213(d)(4) and (h)(2),
and 19 CFR 351.221(b)(4).
lotter on DSK11XQN23PROD with NOTICES1
Dated: March 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
15 See
Final Determination.
VerDate Sep<11>2014
18:18 Apr 02, 2024
Jkt 262001
III. Scope of the Order
IV. Rescission of Administrative Review, In
Part
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2024–07013 Filed 4–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–123]
Certain Corrosion Inhibitors From the
People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review and
Rescission of Review, in Part; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that countervailable subsidies
were provided to producers and
exporters of corrosion inhibitors from
the People’s Republic of China (China),
during the period of review (POR) from
January 1, 2022, through December 31,
2022. In addition, Commerce is
rescinding the review, in part, with
respect to 16 companies. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable April 3, 2024.
FOR FURTHER INFORMATION CONTACT: Ted
Pearson or Suresh Maniam, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2631 and (202) 482–1603,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2021, Commerce
published in the Federal Register the
countervailing duty order on corrosion
inhibitors from China.1 On May 9, 2023,
Commerce published in the Federal
Register the notice of initiation of an
administrative review of the Order.2 On
June 23, 2023, Commerce selected
1 See Certain Corrosion Inhibitors from the
People’s Republic of China: Antidumping Duty and
Countervailing Duty Orders, 86 FR 14869 (March
19, 2021) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29881 (May 9, 2023).
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
23001
Anhui Trust Chem Co., Ltd. (ATC) and
Nantong Botao Chemical Co., Ltd.
(Botao) for individual examination as
the mandatory respondents in this
administrative review.3 On October 30,
2023, Commerce extended the deadline
for the preliminary results of review
until March 28, 2024.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I 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.
Scope of the Order
The products covered by the Order
are corrosion inhibitors. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.6
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found
countervailable, we preliminarily find
that there is a subsidy, (i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific).7 For a full description of the
methodology underlying our
conclusions, including our reliance, in
part, on adverse facts available pursuant
to sections 776(a) and (b) of the Act, see
the Preliminary Decision Memorandum.
3 See Memorandum, ‘‘Respondent Selection,’’
dated June 23, 2023.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated October 30, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review and Recission of Review in
Part; 2022: Corrosion Inhibitors from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
6 Id.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\03APN1.SGM
03APN1
23002
Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
timely-filed withdrawal requests with
respect to 16 companies, pursuant to 19
CFR 351.213(d)(1).8 Because the
withdrawal requests were timely filed,
and no other parties requested a review
of these companies, in accordance with
19 CFR 351.213(d)(1), Commerce is
rescinding this review of the Order with
respect to these 16 companies. For a
complete list of companies, see
Appendix II to this notice.
lotter on DSK11XQN23PROD with NOTICES1
Preliminary Rate for Non-Selected
Companies Under Review
There are three companies for which
a review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross-owned with a mandatory
respondent. The statute and
Commerce’s regulations do not directly
address the establishment of rates 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 the basis for calculating the allothers rate in an investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to
calculate an all-others rate equal to the
weighted average of the countervailable
subsidy rates established for exporters
and/or producers individually
examined, excluding any rates that are
zero, de minimis, or based entirely on
facts available. In this review, the
preliminary rates calculated for ATC
and Botao were above de minimis and
not based entirely on facts available.
Therefore, we are applying to the nonselected companies the average of the
net subsidy rates calculated for ATC and
Botao, which we calculated using the
publicly-ranged sales data submitted by
ATC and Botao.9 This methodology to
8 See Preliminary Decision Memorandum at
‘‘Partial Rescission of Administrative Review.’’
9 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
VerDate Sep<11>2014
18:18 Apr 02, 2024
Jkt 262001
establish the rate for the non-selected
companies uses section 705(c)(5)(A) of
the Act, which governs the calculation
of the ‘‘all-others’’ rate in an
investigation, as guidance. For further
information on the calculation of the
non-selected respondent rate, refer to
the section in the Preliminary Decision
Memorandum entitled ‘‘Non-Selected
Companies Under Review.’’
Preliminary Results of Review
Commerce preliminarily determines
that the following net countervailable
subsidy rates exist for the period
January 1, 2022, through December 31,
2022:
Subsidy rate
(percent
ad valorem)
Company
Anhui Trust Chem Co., Ltd.10 ..
Nantong Botao Chemical Co.,
Ltd.11 .....................................
Gold Chemical Limited .............
Jiangyin Delian Chemical Co.,
Ltd. ........................................
Kanghua Chemical Co., Ltd.12
19.64
17.02
18.90
18.90
18.90
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to interested parties within five days
after the date of publication of this
notice.13 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of these
preliminary results of review.14 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
10 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily finds the
following companies to be cross-owned with ATC:
Nanjing Trust Chem Co., Ltd. and Jiangsu Trust
Chem Co., Ltd.
11 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily finds the
following companies to be cross-owned with Botao:
Rugao Connect Chemical Co., Ltd.; Rugao Jinling
Chemical Co., Ltd.; and Nantong Yutu Group Co.,
Ltd.
12 Formerly known as Nantong Kanghua
Chemical Co., Ltd. See Certain Corrosion Inhibitors
from the People’s Republic of China: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 88 FR 1357 (January 10,
2023).
13 See 19 CFR 351.224(b).
14 See 19 CFR 351.309(c)(1)(ii).
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
briefs.15 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.16
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.17 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).18
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, filed electronically via
ACCESS. 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 briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
15 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).
16 See 19 351.309(c)(2) and (d)(2).
17 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
18 See APO and Service Final Rule.
E:\FR\FM\03APN1.SGM
03APN1
Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily
determined subsidy rates in the
amounts shown above for the
producers/exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review.
For the companies for which this
review is rescinded with these
preliminary results, 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, we
intend 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).
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final
results, to instruct U.S. Customs and
Border Protection (CBP) to collect cash
deposits of the estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective companies listed above with
regard to 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. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the 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, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
VerDate Sep<11>2014
18:18 Apr 02, 2024
Jkt 262001
shall remain in effect until further
notice.
Notification to Interested Parties
These preliminary results 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 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. Non-Selected Companies Under Review
V. Partial Rescission of Administrative
Review
VI. Diversification of China’s Economy
VII. Use of Faces Otherwise Available and
Application of Adverse Inferences
VIII. Subsidies Valuation
IX. Interest Rate, Discount Rate, Input,
Electricity, and Land Benchmarks
X. Analysis of Programs
XI. Recommendation
Appendix II
Companies Rescinded From Review
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 Chemical Co., 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.
16. Zaozhuang Kerui Chemicals Co., Ltd.
[FR Doc. 2024–07071 Filed 4–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Notice of Department of Defense
Federal Advisory Committee Meeting—
Defense Innovation Board
Office of the Under Secretary of
Defense for Research and Engineering
(USD(R&E)), Department of Defense
(DoD).
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
The DoD is publishing this
notice to announce that the following
SUMMARY:
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
23003
Federal Advisory Committee meeting of
the Defense Innovation Board (DIB) will
take place.
DATES: Open to the public Wednesday,
April 17, 2024, from 12:30 p.m. to 2:00
p.m. Eastern Standard Time.
ADDRESSES: The open meeting will take
place virtually, via the Defense Visual
Information Distribution Service.
FOR FURTHER INFORMATION CONTACT: Dr.
Marina Theodotou, the Designated
Federal Officer (DFO) at (571) 372–7344
(voice) or osd.innovation@mail.mil.
Mailing address is Defense Innovation
Board, 4800 Mark Center Drive, Suite
15D08, Alexandria, VA 22350–3600.
Website: https://innovation.defense.gov.
The most up-to-date changes to the
meeting agenda and link to the virtual
meeting can be found on the website.
SUPPLEMENTARY INFORMATION: This
meeting is being held under the
provisions of chapter 10 of title 5,
United States Code (U.S.C.) (commonly
known as the ‘‘Federal Advisory
Committee Act’’ or ‘‘FACA’’) and 41
Code of Federal Regulations (CFR) 102–
3.140 and 102–3.150.
Due to circumstances beyond the
control of the DFO and the DoD, the DIB
was unable to provide public
notification required by 41 CFR 102–
3.150(a) concerning its April 17, 2024
meeting. Accordingly, the Advisory
Committee Management Officer for the
DoD, pursuant to 41 CFR 102–3.150(b),
waives the 15-calendar day notification
requirement.
Purpose of Meeting: The mission of
the DIB is to provide the Secretary of
Defense, the Deputy Secretary of
Defense, and the USD(R&E)
independent advice and strategic
insights on emerging and disruptive
technologies and their impact on
national security, adoption of
commercial sector innovation best
practices, and ways to leverage the U.S.
innovation ecosystem to align
structures, processes, and human capital
practices to accelerate and scale
innovation adoption, foster a culture of
innovation and an experimentation
mindset, and enable the DoD to build
enduring advantages. The DIB focuses
on innovation-related issues and topics
raised by the Secretary of Defense, the
Deputy Secretary of Defense, or the
USD(R&E). The objective of this DIB
meeting is to provide the public with an
update on the current studies as well as
obtain, review, and evaluate information
related to the DIB’s mission and studies.
Agenda: The DIB’s open meeting will
take place on April 17, 2024, from 12:30
p.m. to 2:00 p.m. The DIB DFO, Dr.
Marina Theodotou, will open the
meeting and introduce the DIB Chair,
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23001-23003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07071]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-123]
Certain Corrosion Inhibitors From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review and
Rescission of Review, in Part; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies were provided to producers and exporters
of corrosion inhibitors from the People's Republic of China (China),
during the period of review (POR) from January 1, 2022, through
December 31, 2022. In addition, Commerce is rescinding the review, in
part, with respect to 16 companies. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable April 3, 2024.
FOR FURTHER INFORMATION CONTACT: Ted Pearson or Suresh Maniam, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2631 and (202) 482-1603,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2021, Commerce published in the Federal Register the
countervailing duty order on corrosion inhibitors from China.\1\ On May
9, 2023, Commerce published in the Federal Register the notice of
initiation of an administrative review of the Order.\2\ On June 23,
2023, Commerce selected Anhui Trust Chem Co., Ltd. (ATC) and Nantong
Botao Chemical Co., Ltd. (Botao) for individual examination as the
mandatory respondents in this administrative review.\3\ On October 30,
2023, Commerce extended the deadline for the preliminary results of
review until March 28, 2024.\4\
---------------------------------------------------------------------------
\1\ See Certain Corrosion Inhibitors from the People's Republic
of China: Antidumping Duty and Countervailing Duty Orders, 86 FR
14869 (March 19, 2021) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29881 (May 9, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated June 23,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
October 30, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I 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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review and Recission
of Review in Part; 2022: Corrosion Inhibitors from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are corrosion inhibitors. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each subsidy program found countervailable, we preliminarily
find that there is a subsidy, (i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific).\7\ For a full description of the methodology
underlying our conclusions, including our reliance, in part, on adverse
facts available pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
[[Page 23002]]
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely-filed
withdrawal requests with respect to 16 companies, pursuant to 19 CFR
351.213(d)(1).\8\ Because the withdrawal requests were timely filed,
and no other parties requested a review of these companies, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order with respect to these 16 companies. For a complete
list of companies, see Appendix II to this notice.
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum at ``Partial Rescission
of Administrative Review.''
---------------------------------------------------------------------------
Preliminary Rate for Non-Selected Companies Under Review
There are three companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. The statute and
Commerce's regulations do not directly address the establishment of
rates 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 the basis for calculating the all-others rate in an
investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. In this review, the
preliminary rates calculated for ATC and Botao were above de minimis
and not based entirely on facts available. Therefore, we are applying
to the non-selected companies the average of the net subsidy rates
calculated for ATC and Botao, which we calculated using the publicly-
ranged sales data submitted by ATC and Botao.\9\ This methodology to
establish the rate for the non-selected companies uses section
705(c)(5)(A) of the Act, which governs the calculation of the ``all-
others'' rate in an investigation, as guidance. For further information
on the calculation of the non-selected respondent rate, refer to the
section in the Preliminary Decision Memorandum entitled ``Non-Selected
Companies Under Review.''
---------------------------------------------------------------------------
\9\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines that the following net
countervailable subsidy rates exist for the period January 1, 2022,
through December 31, 2022:
---------------------------------------------------------------------------
\10\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds the following companies to be cross-
owned with ATC: Nanjing Trust Chem Co., Ltd. and Jiangsu Trust Chem
Co., Ltd.
\11\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds the following companies to be cross-
owned with Botao: Rugao Connect Chemical Co., Ltd.; Rugao Jinling
Chemical Co., Ltd.; and Nantong Yutu Group Co., Ltd.
\12\ Formerly known as Nantong Kanghua Chemical Co., Ltd. See
Certain Corrosion Inhibitors from the People's Republic of China:
Notice of Final Results of Antidumping Duty Changed Circumstances
Review, 88 FR 1357 (January 10, 2023).
------------------------------------------------------------------------
Subsidy
rate
Company (percent
ad valorem)
------------------------------------------------------------------------
Anhui Trust Chem Co., Ltd.\10\............................. 19.64
Nantong Botao Chemical Co., Ltd.\11\....................... 17.02
Gold Chemical Limited...................................... 18.90
Jiangyin Delian Chemical Co., Ltd.......................... 18.90
Kanghua Chemical Co., Ltd.\12\............................. 18.90
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\13\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs to Commerce no later than 30
days after the date of publication of these preliminary results of
review.\14\ 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.\15\ 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.\16\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ 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).
\16\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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.\17\ 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).\18\
---------------------------------------------------------------------------
\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See APO and Service Final Rule.
---------------------------------------------------------------------------
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, filed electronically via
ACCESS. 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 briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
[[Page 23003]]
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producers/exporters shown above. Upon
completion of the administrative review, consistent with section
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For the companies for which this review is rescinded with these
preliminary results, 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, we intend
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
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct U.S. Customs
and Border Protection (CBP) to collect cash deposits of the estimated
countervailing duties in the amounts calculated in the final results of
this review for the respective companies listed above with regard to
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. If the rate calculated in the final results is
zero or de minimis, no cash deposit will be required on shipments of
the 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, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results 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 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. Non-Selected Companies Under Review
V. Partial Rescission of Administrative Review
VI. Diversification of China's Economy
VII. Use of Faces Otherwise Available and Application of Adverse
Inferences
VIII. Subsidies Valuation
IX. Interest Rate, Discount Rate, Input, Electricity, and Land
Benchmarks
X. Analysis of Programs
XI. Recommendation
Appendix II
Companies Rescinded From Review
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 Chemical Co., 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.
16. Zaozhuang Kerui Chemicals Co., Ltd.
[FR Doc. 2024-07071 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P
