[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63159-63160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26551]


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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 Countervailing Duty Administrative Review; 2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
countervailable subsidies are being provided to producers and exporters 
of chlorinated isocyanurates (chloro isos) from the People's Republic 
of China (China) for the period of review (POR) January 1, 2016, 
through December 31, 2016. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable December 7, 2018.

FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Susan Pulongbarit, 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) 482-5307 or (202) 482-
4031, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the notice of initiation of this administrative 
review on January 11, 2018.\1\ This review covers two producer/
exporters: (1) Heze Huayi Chemical Co., Ltd. (Huayi); and (2) Juancheng 
Kangtai Chemical Co. Ltd. (Kangtai). Commerce postponed the preliminary 
results of this administrative review and the revised deadline is now 
November 30, 2018.\2\ For a complete description of the events that 
followed the initiation of this administrative review, see Preliminary 
Decision Memorandum.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 1329 (January 11, 2018).
    \2\ See Memorandum, ``Chlorinated Isocyanurates from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of Third Countervailing Duty Administrative Review,'' dated 
August 2, 2018; see also Memorandum, ``Chlorinated Isocyanurates 
from the People's Republic of China: Extension of Deadline for 
Preliminary Results of Third Countervailing Duty Administrative 
Review,'' dated October 11, 2018.
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Countervailing Duty Administrative Review: Chlorinated 
Isocyanurates 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 the order are chloro isos, which are 
derivatives are cyanuric acid, described as chlorinated s-triazine 
triones.\4\ Chloro isos are currently classifiable under subheadings 
2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000, 3808.94.5000, 
and 3808.99.9500 of the Harmonized Tariff Schedule of the United States 
(HTSUS). The HTSUS subheadings are provided for convenience and customs 
purposes; the written product description of the scope of the order is 
dispositive.
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    \4\ For a complete description of the Scope of the Order, see 
Countervailing Duty Administrative Review of Chlorinated 
Isocyanurates from the People's Republic of China: Decision 
Memorandum for the Preliminary Results, published concurrently with 
this notice.
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Methodology

    On November 13, 2014, Commerce published in the Federal Register a 
countervailing duty (CVD) order on chloro isos from China.\5\ 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 
of the subsidy programs found countervailable, we preliminarily find 
that there is a subsidy, i.e., a financial contribution from an 
``authority'' that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\6\ In making this preliminary finding, 
Commerce relied, in part, on facts otherwise available, with the 
application of adverse

[[Page 63160]]

inferences.\7\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the accompanying Preliminary 
Decision Memorandum. For a full description of the methodology 
underlying our preliminary 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.\8\ 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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content.
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    \5\ See Chlorinated Isocyanurates from the People's Republic of 
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014).
    \6\ 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.
    \7\ See section 776(a) of the Act.
    \8\ A list of topics discussed in the Preliminary Decision 
Memorandum can be found at the Appendix to this notice.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following estimated countervailable subsidy rates exist.

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                                                                Subsidy
                           Company                               rate
                                                               (percent)
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Heze Huayi Chemical Co., Ltd................................        1.71
Juancheng Kangtai Chemical Co., Ltd.........................        1.54
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Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in these preliminary results within 
five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b). Case briefs or other written comments may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than 30 days after the date of publication of the preliminary 
results of review. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this review are 
encouraged to submit with each argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.
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    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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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 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. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, we intend 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 issuance of these 
preliminary results.

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon issuance of the final results, Commerce 
shall determine, and U.S. Customs and Border Protection (CBP) shall 
assess, CVDs on all appropriate entries covered by this review. We 
intend to issue instructions to CBP 15 days after publication of the 
final results of review.
    Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends 
to instruct CBP to collect cash deposits of estimated CVDs, in the 
amounts shown above for each of the respective companies shown 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 review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most-recent 
company-specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
    These preliminary results 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: November 30, 2018.
Gary Taverman,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Application of CVD Law to Imports From China
IV. Subsidies Valuation
V. Benchmarks
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Disclosure and Public Comment
IX. Conclusion

[FR Doc. 2018-26551 Filed 12-6-18; 8:45 am]
 BILLING CODE 3510-DS-P