Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Partial Rescission; 2022, 100974-100975 [2024-29324]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100974-100975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29324]


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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 Partial Rescission; 2022

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, 2022, through December 31, 2022. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable December 13, 2024.

FOR FURTHER INFORMATION CONTACT: Sun Cho, 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) 482-6458.

SUPPLEMENTARY INFORMATION:

Background

    On November 13, 2014, Commerce published the countervailing duty 
order on chlorinated isos from China in the Federal Register.\1\ On 
December 29, 2023, Commerce published a notice of initiation of an 
administrative review of the Order.\2\ On July 2, 2024, Commerce 
extended the time period for issuing these preliminary results by 120 
days, until November 29, 2024, in accordance with section 751(a)(3)(A) 
of the Tariff Act of 1930, as amended (the Act).\3\ On July 22, 2024, 
Commerce tolled certain deadlines in this administrative review by 
seven days.\4\ The deadline for these preliminary results is now 
December 6, 2024.
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    \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 90168 (December 29, 2023).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated July 
2, 2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    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 an 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.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review of 
Chlorinated Isocyanurates from the People's Republic of China; 
2022,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the Order are chlorinated isos from China. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    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: (1) Hebei Fuhui Water 
Treatment Co., Ltd.; (2) Henan Sinowin Chemical Industry Co., Ltd.; (3) 
Linhai Limin Chemicals Co., Ltd.; (4) Puyang Cleanway Chemicals Ltd.; 
(5) Qingdao Fortune Logistics Co., Ltd.; (6) Shandong Dongyue Chemical 
Co., Ltd.; (7) Shandong Taihe Chemicals Co., Ltd.; (8) Shanghai Special 
Logistics Co., Ltd.; (9) Shanghai Tianxiang Logistics Co., Ltd.; and 
(10) Topdan Industries Co., Limited had no entries of subject 
merchandise during the POR. On February 14, 2024, 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.
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    \6\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated February 14, 2024; and Memorandum, ``Correction to 
Intent to Rescind Memorandum,'' dated November 4, 2024 (Correction 
to Intent to Rescind Memorandum).
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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\
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    \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.
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    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, we 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.''
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    \8\ See sections 776(a) and (b) of the Act.

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[[Page 100975]]

Preliminary Results of Review

    For the period January 1, 2022, through December 31, 2022, we 
preliminarily find that the following net subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Heze Huayi Chemical Co., Ltd............................            4.53
Juancheng Kangtai Chemical Co., Ltd.....................            3.58
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Disclosure

    We will disclose to parties to this proceeding the calculations 
performed for these preliminary results within five days of the date of 
publication of these preliminary results in accordance with 19 CFR 
351.224(b).

Public Comment

    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.\9\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) a statement 
of the issue; and (2) a table of authorities.\10\ 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 briefs 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.\11\ Further, we request that interested parties 
limit their public executive summary of each issue to no more than 450 
words, not including citations. We intend to use the public 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 public 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).\12\
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    \9\ 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).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ 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 the party's name, address, and telephone number, the 
number of participants, whether any participant is a foreign national, 
and a list of the issues to be discussed. Issues raised in the hearing 
will be limited to those raised in the respective case and rebuttal 
briefs.\13\ Parties should confirm the date and time of the hearing two 
days before the scheduled date. 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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    \13\ See 19 CFR 351.310.
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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, 2022, through December 31, 
2022, in accordance with 19 CFR 351.212(c)(l)(i).
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the preliminary results 
of this review in the Federal Register for those companies for which 
Commerce is rescinding the review and no earlier than 35 days after the 
date of publication of the final results of this review in the Federal 
Register for the mandatory respondents. 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 shown for the companies listed above 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 administrative review, except where the rate calculated in the 
final results of this administrative review is zero or de minimis, no 
cash deposit will be required. For all non-reviewed firms, including 
companies for which we rescinded the review, 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.

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 
351.221(b)(4).

    Dated: December 6, 2024.
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. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2024-29324 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P