[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37627-37628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15919]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Final Results of Countervailing Duty Administrative Review; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has completed its
administrative review of the countervailing duty (CVD) order on
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, and determines that countervailable subsidies are
being provided to producers and exporters of chloro isos. The final net
subsidy rates are listed below in ``Final Results of Administrative
Review.''
DATES: Applilcable August 1, 2019.
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
On November 13, 2014, Commerce published the CVD Order on chloro
isos from China.\1\ On November 30, 2018, Commerce published the
Preliminary Results of this administrative review in the Federal
Register.\2\ We invited interested parties to comment on the
Preliminary Results. On February 15, 2019, we received case briefs from
the petitioners,\3\ the Government of China (GOC), and from the
mandatory respondents, Heze Huayi \4\ and Kangtai.5 6 On
February 22, 2019, we received rebuttal briefs from the petitioners,
the GOC, and from the mandatory respondents, Heze Huayi and Kangtai.\7\
On January 28, 2019, Commerce exercised its discretion to toll all
deadlines affected by the partial federal government closure from
December 22, 2018 through the resumption of operations on January 29,
2019.\8\ On May 9, 2019, Commerce extended the time period for issuing
the final results to June 18, 2019.\9\ On June 4, 2019, Commerce fully
extended the time period for issuing the final results to July 12,
2019.\10\
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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 Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review; 2016, 83 FR 63159 (December 7, 2018) and accompanying
Preliminary Decision Memorandum (Preliminary Results).
\3\ Bio-Lab, Inc., Clearon Corporation, and Occidental Chemical
Corporation (collectively, the petitioners).
\4\ Heze Huayi Chemical Co., Ltd. (Heze Huayi).
\5\ Juancheng Kangtai Chemical Co., Ltd. (Kangtai).
\6\ See Petitioners' Letter, ``Case Brief of Bio-Lab, Inc.,
Clearon Corp. and Occidental Chemical Corporation,'' dated February
15, 2019, 2019; GOC's Letter, ``GOC Administrative Case Brief: Third
Administrative Review of the Countervailing Duty Order on
Chlorinated Isocyanurates from the People's Republic of China (C-
570-991),'' dated January 16, 2018; and Heze Huayi and Kangtai's
Letter, ``Chlorinated Isocyanurates from the People's Republic of
China: Case Brief,'' dated February 15, 2019.
\7\ See Petitioners' Letter, ``Rebuttal Brief of Bio-Lab, Inc.,
Clearon Corp. and Occidental Chemical Corporation.'' dated February
22, 2019; GOC's Letter, ``GOC Rebuttal Brief: Third Administrative
Review of the Countervailing Duty Order on Chlorinated Isocyanurates
from the People's Republic of China (C-570-991),'' dated February
22, 2019; and Heze Huayi and Kangtai's Letter, ``Chlorinated
Isocyanurates from the People's Republic of China: Rebuttal Brief,''
dated February 22, 2019.
\8\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\9\ See Memorandum, ``Chlorinated Isocyanurates from the
People's Republic of China: Extension of Deadline for Final Results
of Third Countervailing Administrative Review,'' dated May 9, 2019.
\10\ See Memorandum, ``Chlorinated Isocyanurates from the
People's Republic of China: Extension of Deadline for Final Results
of Third Countervailing Administrative Review,'' dated June 4, 2019.
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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. 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. For a full description of the scope, see the Issues and
Decision Memorandum.\11\
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\11\ See Memorandum, ``Decision Memorandum for Final Results and
Partial Rescission of Review of Countervailing Duty Administrative
Review: Chlorinated Isocyanurates from the People's Republic of
China,'' dated concurrently with this notice (Issues and Decision
Memorandum).
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Analysis of Comments Received
All issues raised in the parties' briefs are listed in the Appendix
to this notice and addressed in the Issues and Decision Memorandum. The
Issues and 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
in the Central Records Unit, Room B8024 of the main Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly at http://enforcement.trade.gov/frn. The
signed Issues and Decision Memorandum and the electronic version of the
Issues and Decision Memorandum are identical in content.
[[Page 37628]]
Changes Since the Preliminary Results
Based on case briefs, rebuttal briefs, and all supporting
documentation, we made no changes from the Preliminary Results.
Methodology
Commerce conducted this 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 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.\12\ The Issues and Decision Memorandum contains a full
description of the methodology underlying Commerce's conclusions,
including any determination that relied upon the use of adverse facts
available pursuant to sections 776(a) and (b) of the Act.
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\12\ 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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Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we determine the following
net subsidy rates for the 2016 administrative review:
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Subsidy rate
Company (percent)
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Heze Huayi Chemical Co., Ltd............................ 1.71
Juancheng Kangtai Chemical Co., Ltd..................... 1.54
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Assessment Rates
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
assessment instructions to U.S. Customs and Border Protection (CBP) 15
days after the date of publication of these final results of review, to
liquidate shipments of subject merchandise produced and/or exported by
the companies listed above, entered, or withdrawn from warehouse, for
consumption on or after January 1, 2016 through December 31, 2016, at
the ad valorem rates listed above.
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above. 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. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. List of Interested Party Comments
IV. Scope of the Order
V. Changes From the Preliminary Results
VI. Subsidies Valuation Information
VII. Benchmarks
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Programs Determined To Be Countervailable
X. Programs Determined Not To Confer Measurable Benefits
XI. Programs Determined Not To Be Used During the POR
XII. Analysis of Comments
Comment 1: Applying AFA to the Export Buyer's Credit Program
Comment 2: AFA Rate
XIII. Conclusion
[FR Doc. 2019-15919 Filed 7-31-19; 8:45 am]
BILLING CODE 3510-DS-P