[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71314-71315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24828]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-002]


Chloropicrin From the People's Republic of China: Final Results 
of Sunset Review and Revocation of Order

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

SUMMARY: On August 4, 2020, the Department of Commerce (Commerce) 
initiated the fifth sunset review of the antidumping duty order on 
chloropicrin from the People's Republic of China (China). Because the 
domestic interested parties did not file a timely substantive response 
in this sunset review, Commerce is revoking this antidumping duty 
order.

DATES: Applicable September 22, 2020.

FOR FURTHER INFORMATION CONTACT: Abdul Alnoor, AD/CVD Operations,

[[Page 71315]]

Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4554.

SUPPLEMENTARY INFORMATION:

Background

    On March 22, 1984, Commerce issued an antidumping duty order on 
chloropicrin from China.\1\ On September 22, 2015, Commerce published a 
notice of continuation of the Order.\2\ There has been one 
administrative review since issuance of the Order.\3\ Commerce 
conducted four previous sunset reviews of the Order. Commerce published 
the final results of those sunset reviews on March 9, 1999; \4\ July 6, 
2004; \5\ November 6, 2009; \6\ and August 7, 2015.\7\ On August 4, 
2020, Commerce initiated the fifth sunset review of this Order.\8\
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    \1\ See Antidumping Duty Order: Chloropicrin from the People's 
Republic of China, 49 FR 10691 (March 22, 1984) (Order).
    \2\ See Chloropicrin From the People's Republic of China: 
Continuation of Antidumping Duty Order, 80 FR 57149 (September 22, 
2015) (2015 Continuation Notice).
    \3\ See Chloropicrin from the People's Republic of China: Final 
Results of Administrative Review of Antidumping Duty Order, 50 FR 
2844 (January 22, 1985).
    \4\ See Final Results of Expedited Sunset Review: Chloropicrin 
from the People's Republic of China, 64 FR 11440 (March 9, 1999).
    \5\ See Chloropicrin from the People's Republic of China; Final 
Results of the Expedited Sunset Review of Antidumping Duty Order, 69 
FR 40601 (July 6, 2004).
    \6\ See Chloropicrin From the People's Republic of China: Final 
Results of the Expedited Sunset Review of the Antidumping Duty 
Order, 74 FR 57450 (November 6, 2009).
    \7\ See Chloropicrin from the People's Republic of China: Final 
Results of the Expedited Sunset Review of the Antidumping Duty 
Order, 80 FR 47467 (August 7, 2015).
    \8\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 47185 
(August 4, 2020).
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    On August 18, 2020, within the applicable deadline, Commerce 
received notice of intent to participate \9\ from Ashta Chemicals, 
Inc.; Niklor Chemical Co., Inc.; and Trinity Manufacturing, Inc., the 
domestic interested parties in this proceeding.\10\ However, the 
domestic interested parties failed to submit a substantive response to 
the notice of initiation by the applicable time limit of September 3, 
2020, as required by 19 CFR 351.218(d)(3).\11\ Pursuant to 19 CFR 
351.218(e)(1)(i)(C)(2), on September 10, 2020, Commerce notified the 
International Trade Commission, in writing, that it intended to issue a 
final determination revoking this antidumping duty order.\12\
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    \9\ See Domestic Interested Parties' Letter, ``Notice of Intent 
to Participate in Five-Year (``Sunset'') Review of Chloropicrin from 
China; Application Under Administrative Protective Order,'' dated 
August 18, 2020.
    \10\ See 19 CFR 351.218(d)(1)(i).
    \11\ On September 18, 2020, the domestic interested parties 
attempted to file a late substantive response. See Domestic 
Interested Parties' Letter, ``Substantive Response on Behalf of 
Ashta Chemicals Inc, Niklor Chemical Company, and Trinity 
Manufacturing, Inc,'' dated September 18, 2020. At the same time, 
the domestic interested parties also filed an untimely request for 
an extension to file the substantive response in this sunset review. 
See Letter from Kalik Lewin, ``Request for Leave for late Filing: 
Substantive Response in Five-Year (``Sunset'') Review of 
Chloropicrin from China,'' dated September 18, 2020. Commerce 
rejected the late submission of the substantive response. See 
Commerce Letters, ``Five-Year (`Sunset') Review of Chloropicrin from 
China: Rejection of Request for Leave for Late Filing and Rejection 
of Domestic Interested Parties' Substantive Response,'' dated 
September 28, 2020; and ``Five-Year (`Sunset') Review of 
Chloropicrin from China: Response to Second Request to Extend the 
Deadline for Filing a Substantive Response,'' dated November 2, 
2020.
    \12\ See Commerce's Letter, ``Sunset Review Initiated on August 
4, 2020,'' dated September 10, 2020.
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Scope of the Order

    The merchandise subject to the antidumping duty order is 
chloropicrin, also known as trichloronitromethane. A major use of the 
product is as a pre-plant soil fumigant (pesticide). Such merchandise 
is classifiable under Harmonized Tariff Schedule (HTS) subheading 
2904.90.50.05.\13\ The HTS subheading is provided for convenience and 
customs purposes. The written description remains dispositive.
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    \13\ Since this scope was written, the HTS subheading has 
changed. Subject merchandise is currently classifiable under HTS 
subheading 2904.91.00 00.
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Determination To Revoke

    19 CFR 351.218(e)(1)(i)(C) states that if no domestic party has 
filed a complete substantive response to the notice of initiation under 
paragraph (d)(3) of that section, then Commerce will issue a final 
determination revoking the order or terminating the suspended 
investigation not later than 90 days after the date of publication in 
the Federal Register of the Notice of Initiation. In turn, paragraph 
(d)(3) establishes a time limit for substantive responses to a notice 
of initiation, which is 30 days after the date of publication in the 
Federal Register of the notice of initiation. In this case, the notice 
of initiation was published in the Federal Register on August 4, 2020, 
and therefore the applicable time limit for substantive responses was 
September 3, 2020. As noted above, Commerce did not receive a 
substantive response from any domestic interested party by September 3.
    Because no domestic interested party timely filed an adequate 
substantive response in this sunset review, Commerce finds that no 
domestic interested party has responded to the notice of initiation of 
this sunset review under 751(c)(3)(A) of the Act. Therefore, consistent 
with the section 751(c)(3)(A) of the Act and 19 CFR 351.222(i)(1)(i), 
we are revoking the antidumping duty order on chloropicrin from 
China.\14\
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    \14\ See 19 CFR 351.218(e)(1)(i)(C)(1).
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Effective Date of Revocation

    The effective date of revocation is September 22, 2020, the fifth 
anniversary of the date of publication in the Federal Register of the 
most recent notice of continuation of this antidumping duty order.\15\
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    \15\ See 2015 Continuation Notice.
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    Pursuant to section 751(c)(3)(A) of the Act, Commerce intends to 
issue instructions to U.S. Customs and Border Protection 15 days after 
the publication of this notice to terminate the suspension of 
liquidation of the merchandise subject to this order entered, or 
withdrawn from warehouse, on or after September 22, 2020. Entries of 
subject merchandise prior to the effective date of revocation will 
continue to be subject to suspension of liquidation and antidumping 
duty deposit requirements. Commerce will complete any pending 
administrative reviews of this order and will conduct administrative 
reviews of subject merchandise entered prior to the effective date of 
revocation in response to appropriately filed requests for review.
    This notice of revocation is published in accordance with sections 
751(c) and 777(i)(1) of the Act and 19 CFR 351.218(e)(1)(i)(C)(3) and 
19 CFR 351.222(i)(1)(i).

    Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-24828 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P