[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67709-67711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23661]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, and 
Preliminary Determination of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Heze Huayi Chemical Co., Ltd. (Heze Huayi) made sales of chlorinated 
isocyanurates from the People's Republic of China (China) at less than

[[Page 67710]]

normal value during the period of review (POR) June 1, 2018, through 
May 31, 2019, and that Juancheng Kangtai Chemical Co., Ltd. (Kangtai) 
had no shipments of subject merchandise during the POR.

DATES: Applicable October 26, 2020.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3964.

SUPPLEMENTARY INFORMATION:

Background

    On July 29, 2019, Commerce initiated the administrative review of 
the AD order on chlorinated isocyanurates (chlorinated isos) from China 
covering the period June 1, 2018 through May 31, 2019.\1\ The 
petitioners in this review are Bio-lab; Inc., Clearon Corp.; and 
Occidental Chemical Corp. (collectively, the petitioners). This review 
covers two producers/exporters: Heze Huayi and Kangtai.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 36572 (July 29, 2019).
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    On February 21, 2020, Commerce extended the deadline for the 
preliminary determination of this administrative review.\2\ On April 
24, 2020, Commerce tolled all deadlines in administrative reviews by 50 
days.\3\ Subsequently, on July 21, 2020, Commerce tolled all 
preliminary and final results in administrative reviews by an 
additional 60 days,\4\ thereby extending the deadline for these final 
results until October 19, 2020.
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    \2\ See Memorandum, ``Chlorinated Isocyanurates from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
21, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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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 included 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 http://enforcement.trade.gov/frn/. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2019 Antidumping 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 chlorinated isos, which are 
derivatives of cyanuric acid, described as chlorinated s-triazine 
triones.\6\ Chlorinated isos are currently classifiable under 
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 
3808.50.40 and 3808.94.5000 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of 
merchandise subject to the scope of the order is dispositive. For a 
full description of the scope of the order, see Preliminary Decision 
Memorandum.
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    \6\ For a complete description of the Scope of the Order, see 
Preliminary Decision Memorandum.
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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). Export prices have been calculated in accordance with section 772 
of the Act. Because China is a non-market economy within the meaning of 
section 771(18) of the Act, normal value has been calculated in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included as 
an appendix to this notice.

Preliminary Determination of No Shipments

    On August 28, 2019, Kangtai reported that it had no entries of 
subject merchandise during the POR.\7\ U.S. Customs and Border 
Protection (CBP) did not have any information to contradict the claim 
of no shipments during the POR.\8\ Therefore, we preliminarily 
determine that Kangtai had no reviewable entries during the POR. 
Consistent with Commerce's practice, we will not rescind the review 
with respect to Kangtai, but will complete the review and issue 
instructions to CBP based on the final results.\9\
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    \7\ See Letter from Kangtai, ``Chlorinated Isocyanurates from 
the People's Republic of China: No Sales Certification,'' dated 
August 28, 2019. See also Letter from Kangtai, ``Chlorinated 
Isocyanurates from the People's Republic of China: Clarification of 
Letter Regarding No Sales Certification,'' dated September 6, 2019.
    \8\ See Memorandum, ``U.S. Customs and Border Protection (CBP) 
Data for Juancheng Kangtai Chemical Co., Ltd.,'' dated October 11, 
2019.
    \9\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for Heze Huayi for the period of June 1, 
2018 through May 31, 2019:

------------------------------------------------------------------------
                                                              Weight-
                                                              average
                        Exporter                          dumping margin
                                                            percentage
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Heze Huayi Chemical Co. Ltd.............................           69.88
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Disclosure and Public Comment

    Commerce intends to disclose the calculations for these preliminary 
results within five days of the date of publication of this notice, in 
accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review.\10\ 
Rebuttals to case briefs, which must be limited to issues raised in the 
case briefs, must be filed within seven days after the time limit for 
filing case briefs.\11\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\12\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are requested to 
submit with each with each argument: (1) A statement of the issue; (2) 
a brief summary of the argument; and (3) a table of authorities.\13\ 
Case and

[[Page 67711]]

rebuttal briefs should be filed using ACCESS.\14\
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    \10\ See 19 CFR 351.309(c)(1)(ii).
    \11\ See 19 CFR 351.309(d)(1) and (2).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \13\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \14\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, within 30 days of the date of publication of this 
notice.\15\ 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 and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a time 
and date to be determined.\16\ Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, which will include the results of our analysis of all issues 
raised in the case briefs, within 120 days of publication of these 
preliminary results in the Federal Register, unless extended, pursuant 
to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results of this review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\17\ Commerce intends to issue assessment instructions to CBP 15 
days after the date of publication of the final results of this review.
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    \17\ See 19 CFR 351.212(b)(1).
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    In accordance with 19 CFR 351.212(b)(1), we are calculating 
importer- or customer- specific assessment rates for the merchandise 
subject to this review. For any individually examined respondent whose 
weighted-average dumping margin is above de minimis (i.e., 0.50 
percent), Commerce will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total entered value of sales.\18\ 
We will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review when the importer-specific assessment 
rate is above de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \18\ 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).
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    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate. Additionally, if Commerce determines that an exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number will be 
liquidated at the China-wide rate.\19\
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    \19\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter 
listed above, the cash deposit rate will be the rate established in the 
final results of this review (except, if the rate is zero or de 
minimis, a zero cash deposit rate will be required for that company); 
(2) for previously investigated or reviewed Chinese and non-Chinese 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the existing producer/exporter-specific 
combination rate published for the most recent period; (3) for all 
Chinese exporters of subject merchandise that have not been found to be 
eligible for a separate rate, the cash deposit rate will be the PRC-
wide rate of 285.63 percent; \20\ 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(s) 
that supplied that non-Chinese exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \20\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Chlorinated Isocyanurates from the People's Republic of 
China, 70 FR 24502, 24505 (May 10, 2005).
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Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19 
CFR 351.221(b)(4).

    Dated: October 19, 2020.
Jeffrey I. Kessler,
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. Discussion of the Methodology
V. Recommendation

[FR Doc. 2020-23661 Filed 10-23-20; 8:45 am]
BILLING CODE 3510-DS-P