[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Pages 7532-7535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01975]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of certain corrosion inhibitors (corrosion inhibitors) from the
People's Republic of China (China) are being, or are likely to be, sold
in the United States at less than fair value (LTFV). The period of
investigation is July 1, 2019 through December 31, 2019.
DATES: Applicable January 29, 2021.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan, AD/CVD Operations,
Office I, U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-2201.
SUPPLEMENTARY INFORMATION:
Background
On September 10, 2020, Commerce published its Preliminary
Determination of sales at LTFV of corrosion inhibitors from China.\1\
For a complete description of the events that followed the Preliminary
Determination, see the Issues and Decision Memorandum.\2\
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\1\ See Certain Corrosion Inhibitors from the People's Republic
of China: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extension
of Provisional Measures, 85 FR 55825 (September 10, 2020)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Certain Corrosion Inhibitors from the
People's Republic of China: Issues and Decision Memorandum for the
Final Determination of Sales at Less Than Fair Value,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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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 https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Issues and Decision Memorandum are
identical in content.
[[Page 7533]]
Scope Comments
No interested party commented on the scope of the investigation.
Thus, we have not changed the scope of the investigation.
Scope of the Investigation
The products covered by this investigation are corrosion inhibitors
from China. For a complete description of the scope of the
investigation, see Appendix I.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\3\
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\3\ See Commerce's Letters, dated November 4, 2020; Nantong
Botao Chemical Co., Ltd.'s Letter, ``Botao Verification
Questionnaire Response,'' dated November 12, 2020; and Jiangyin
Delian Chemical Co., Ltd.' s Letter, ``Response to Questionnaire
Issued in Lieu of Verification,'' dated November 12, 2020.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the margin calculations. For a discussion of these changes,
see the Issues and Decision Memorandum.
Separate Rate Companies
No party commented on our preliminary separate rate determinations
with respect to the mandatory respondents and the non-individually
examined companies; \4\ thus, there is no basis to reconsider our
preliminary determinations with respect to separate rate status, and we
have continued to grant them a separate rate in this final
determination.
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\4\ See Preliminary Determination PDM at 9-12.
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China-Wide Entity Rate and the Use of Adverse Facts Available
Commerce continues to find that the use of facts available is
warranted in determining the rate of the China-wide entity pursuant to
sections 776(a)(1) and (a)(2)(A)-(C) of the Act. As discussed in the
Issues and Decision Memorandum, Commerce finds that the use of adverse
facts available (AFA) is warranted with respect to the China-wide
entity because the China-wide entity did not cooperate to the best of
its ability to comply with our requests for information and,
accordingly, we applied adverse inferences in selecting from the facts
available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a).
For the final determination, as AFA, we are assigning the China-wide
entity the highest transaction-specific dumping margin calculated for
Botao, 277.90 percent. Because this constitutes primary information,
the statutory corroboration requirement in section 776(c) of the Act
does not apply.
Combination Rates
Consistent with the Preliminary Determination and Policy Bulletin
05.1,\5\ Commerce calculated combination (producer/exporter) rates for
the respondents that are eligible for a separate rate in this
investigation.
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\5\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Cash deposit rate
Estimated weighted- (adjusted for
Producer Exporter average dumping subsidy offsets)
margin (percent) (percent)
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Nantong Botao Chemical Co., Ltd........ Jiangyin Delian Chemical Co., 130.52 72.50
Ltd.
Nantong Kanghua Chemical Co., Ltd...... Jiangyin Delian Chemical Co., 130.52 72.50
Ltd.
Nantong Botao Chemical Co., Ltd........ Nantong Botao Chemical Co., Ltd 139.41 101.71
Anhui Trust Chem Co., Ltd.............. Anhui Trust Chem Co., Ltd...... 134.97 87.11
Gold Chemical Limited.................. Gold Chemical Limited.......... 134.97 87.11
Jiangsu Bohan Industry Trade Co., Ltd.. Gold Chemical Limited.......... 134.97 87.11
Jiangyin Gold Fuda Chemical Co., Ltd... Gold Chemical Limited.......... 134.97 87.11
Ningxia Ruitai Technology Co., Ltd..... Gold Chemical Limited.......... 134.97 87.11
SHANGHAI SUNTECH BIOCHEMICAL CO., LTD.. Gold Chemical Limited.......... 134.97 87.11
Nantong Kanghua Chemical Co., Ltd...... Nantong Kanghua Chemical Co., 134.97 87.11
Ltd.
Anhui Trust Chem Co., Ltd.............. Nanjing Trust Chem Co., Ltd.... 134.97 87.11
China-Wide Entity...................... ............................... 277.90 241.02
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Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of corrosion inhibitors
from China, as described in the appendix to this notice, which were
entered, or withdrawn from warehouse, for consumption on or after
September 10, 2020, the date of publication of the Preliminary
Determination of this investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the weighted-average amount by which the normal
value exceeds U.S. price as follows: (1) The cash deposit rate for the
exporter/producer combinations listed in the table above will be the
rate identified in the table; (2) for all
[[Page 7534]]
combinations of Chinese exporters/producers of subject merchandise that
have not received their own separate rate above, the cash deposit rate
will be the cash deposit rate established for the China-wide entity;
and (3) for all non-Chinese exporters of subject merchandise which have
not received their own separate rate above, the cash deposit rate will
be the cash deposit rate applicable to the Chinese exporter/producer
combination that supplied that non-Chinese exporter. These suspension
of liquidation instructions will remain in effect until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce makes an affirmative
determination for domestic subsidy pass-through or export subsidies,
Commerce offsets the calculated estimated weighted-average dumping
margin by the appropriate rates. Commerce continues to find that both
Botao and Delian qualify for a double-remedy adjustment. We have
continued to adjust the cash deposit rates for Botao, Delian, all non-
individually-examined companies, and the China-wide entity for export
subsidies in the companion CVD investigation by the appropriate export
subsidy rates \6\ as indicated in the above chart. However, suspension
of liquidation of provisional measures in the companion CVD case has
been discontinued effective November 10, 2020; therefore, we are not
instructing CBP to collect cash deposits based upon the adjusted
estimated weighted-average dumping margin for those export subsidies
and double remedy adjustment at this time.
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\6\ See Certain Corrosion Inhibitors from the People's Republic
of China: Final Affirmative Countervailing Duty Determination, dated
concurrently with this notice.
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International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order (APO), without the written consent of the Assistant
Secretary for Enforcement and Compliance. Because the final
determination in this proceeding is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
subject merchandise from China no later than 45 days after our final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded. If the ITC determines that such injury does exist,
Commerce will issue an AD order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition 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 the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: January 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is tolyltriazole
and benzotriazole. This includes tolyltriazole and benzotriazole of
all grades and forms, including their sodium salt forms.
Tolyltriazole is technically known as Tolyltriazole IUPAC 4,5 methyl
benzotriazole. It can also be identified as 4,5 methyl
benzotriazole, tolutriazole, TTA, and TTZ.
Benzotriazole is technically known as IUPAC 1,2,3-Benzotriazole.
It can also be identified as 1,2,3-Benzotriazole, 1,2-
Aminozophenylene, lH-Benzotriazole, and BTA.
All forms of tolyltriazole and benzotriazole, including but not
limited to flakes, granules, pellets, prills, needles, powder, or
liquids, are included within the scope of this investigation.
The scope includes tolyltriazole/sodium tolyltriazole and
benzotriazole/sodium benzotriazole that are combined or mixed with
other products. For such combined products, only the tolyltriazole/
sodium tolyltriazole and benzotriazole/sodium benzotriazole
component is covered by the scope of this investigation.
Tolyltriazole and sodium tolyltriazole that have been combined with
other products is included within the scope, regardless of whether
the combining occurs in third countries.
Tolyltriazole, sodium tolyltriazole, benzotriazole and sodium
benzotriazole that is otherwise subject to this investigation is not
excluded when commingled with tolyltriazole, sodium tolyltriazole,
benzotriazole, or sodium benzotriazole from sources not subject to
this investigation. Only the subject merchandise component of such
commingled products is covered by the scope of this investigation.
A combination or mixture is excluded from this investigation if
the total tolyltriazole or benzotriazole component of the
combination or mixture (regardless of the source or sources)
comprises less than 5 percent of the combination or mixture, on a
dry weight basis.
Notwithstanding the foregoing language, a tolyltriazole or
benzotriazole combination or mixture that is transformed through a
chemical reaction into another product, such that, for example, the
tolyltriazole or benzotriazole can no longer be separated from the
other products through a distillation or other process is excluded
from this investigation.
Tolyltriazole has the Chemical Abstracts Service (CAS) registry
number 299385-43-1. Tolyltriazole is classified under Harmonized
Tariff Schedule of the United States (HTSUS) subheading
2933.99.8220.
Sodium Tolyltriazole has the CAS registry number 64665-57-2 and
is classified under HTSUS subheading 2933.99.8290.
Benzotriazole has the CAS registry number 95-14-7 and is
classified under HTSUS subheading 2933.99.8210.
Sodium Benzotriazole has the CAS registry number 15217-42-2.
Sodium Benzotriazole is classified under HTSUS subheading
2933.99.8290.
Although the HTSUS subheadings and CAS registry numbers are
provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. China-Wide Rate
VII. Adjustment Under Section 777A(f) of the Act
VIII. Adjustments to Cash Deposit Rates
IX. Changes Since the Preliminary Determination
X. Discussion of the Issues
[[Page 7535]]
Comment 1: Selection of Primary Surrogate Country and Financial
Statements
Comment 2: Surrogate Values for Ortho Phenylene Diamine (oPDA)
and Ortho Toluene Diamine (oTDA)
Comment 3: Market Economy Purchases
Comment 4: Industry Support
XI. Conclusion
[FR Doc. 2021-01975 Filed 1-28-21; 8:45 am]
BILLING CODE 3510-DS-P