[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Notices]
[Pages 14869-14871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05742]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-122, C-570-123]


Certain Corrosion Inhibitors From the People's Republic of China: 
Antidumping Duty and Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and International Trade Commission (ITC), Commerce 
is issuing antidumping duty (AD) and countervailing duty (CVD) orders 
on certain corrosion inhibitors (corrosion inhibitors) from the 
People's Republic of China (China).

DATES: Applicable March 19, 2021.

FOR FURTHER INFORMATION CONTACT: Andre Gziryan (AD), Theodore Pearson 
(CVD), or Nicholas Czajkowski (CVD), AD/CVD Operations, Office I, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-2201, (202) 482-2631, or (202) 482-1395, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as amended (the Act), on January 29, 2021, Commerce published its 
affirmative final determination that countervailable subsides are being 
provided to producers and exporters of corrosion inhibitors from China 
and its affirmative final determination in the less-than-fair-value 
(LTFV) investigation of corrosion inhibitors from China.\1\ On March 
12, 2021, pursuant to sections 705(d) and 735(d) of the Act, the ITC 
notified Commerce of its final affirmative determinations that an 
industry in the United States is materially injured by reason of 
subsidized imports and LTFV imports of corrosion inhibitors from China, 
within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of 
the Act.\2\
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    \1\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Final Affirmative Determination of Sales at Less Than Fair 
Value, 86 FR 7532 (January 29, 2021); see also Certain Corrosion 
Inhibitors from the People's Republic of China: Final Affirmative 
Countervailing Duty Determination, 86 FR 7537 (January 29, 2021) 
(CVD Final Determination).
    \2\ See ITC's Letter, ``Notification of ITC Final 
Determinations,'' dated March 12, 2021 (ITC Notification Letter).
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Scope of the Orders

    The products covered by these orders are corrosion inhibitors from 
China. For a full description of the scope of these orders, see 
Appendix I.

AD Order

    As stated above, on March 12, 2021, in accordance with section 
735(d) of the Act, the ITC notified Commerce of its final determination 
that an industry in the United States is materially injured within the 
meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of 
corrosion inhibitors from China that are sold in the United States at 
LTFV.\3\ Therefore, in accordance with section 735(c)(2) of the Act, we 
are issuing this AD order. Because the ITC determined that imports of 
corrosion inhibitors from China are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from China entered, 
or withdrawn from warehouse, for consumption are subject to the 
assessment of antidumping duties.
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    \3\ Id.
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    Therefore, in accordance with sections 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Patrol (CBP) to assess, 
upon further instruction by Commerce, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price (or constructed export price) of the merchandise and 
countervailing duties for all relevant entries of corrosion inhibitors 
from China. Antidumping duties will be assessed on unliquidated entries 
of corrosion inhibitors from China entered, or withdrawn from 
warehouse, for consumption on or after September 10, 2020, the date of 
publication of the AD Preliminary Determination, but will not include 
entries occurring after the expiration of the provisional measures 
period and before publication of the ITC's final injury determination, 
as further described below.\4\
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    \4\ 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) (AD 
Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).

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[[Page 14870]]

Continuation of Suspension of Liquidation--AD

    Except as noted in the ``Provisional Measures--AD'' section of this 
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of corrosion inhibitors from China. These instructions 
suspending liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the table 
below, adjusted by the export subsidy offset. Accordingly, effective on 
the date of publication in the Federal Register of the notice of the 
ITC's final affirmative injury determination, CBP must require, at the 
same time as importers would deposit estimated normal customs duties on 
subject merchandise, a cash deposit equal to the rates listed in the 
table below.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                Estimated      Cash deposit rate
                                                                             weighted-average     (adjusted for
                  Producer                              Exporter              dumping margin    subsidy offsets)
                                                                                (percent)          (percent)
----------------------------------------------------------------------------------------------------------------
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.,               139.41             101.71
                                              Ltd.
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
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                             China-Wide Entity                                         277.90             241.02
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Provisional Measures--AD

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of corrosion inhibitors from China, Commerce extended the four-month 
period to six months in this AD investigation. Commerce published the 
AD Preliminary Determination in this investigation on September 10, 
2020.\5\
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    \5\ See AD Preliminary Determination.
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    The extended provisional measures period, beginning on the date of 
publication of the preliminary determination, ended on March 8, 2021. 
Therefore, in accordance with section 733(d) of the Act and our 
practice, Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of corrosion inhibitors from China entered, or 
withdrawn from warehouse, for consumption after March 8, 2021, the 
final day on which the provisional measures were in effect, until and 
through the day preceding the date of publication of the ITC's final 
affirmative injury determination in the Federal Register. Suspension of 
liquidation and the collection of cash deposits will resume on the date 
of publication of the ITC's final determination in the Federal 
Register.

CVD Order

    As stated above, on March 12, 2021, in accordance with section 
705(d) of the Act, the ITC notified Commerce of its final determination 
that an industry in the United States is materially injured within the 
meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized 
imports of corrosion inhibitors from China.\6\ Therefore, in accordance 
with section 705(c)(2) of the Act, Commerce is issuing this CVD order. 
Because the ITC determined that imports of corrosion inhibitors from 
China are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from China, entered, or withdrawn from warehouse, for 
consumption, are subject to the assessment of countervailing duties.
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    \6\ See ITC Notification Letter.
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    Therefore, in accordance with section 706(a) of the Act, Commerce 
will direct CBP to assess, upon further instruction by Commerce, 
countervailing duties for all relevant entries of corrosion inhibitors 
from China, which are entered, or withdrawn from warehouse, for 
consumption on or after July 13, 2020, the date of publication of the 
CVD Preliminary Determination, but will not include entries occurring 
after the expiration of the provisional measures period and before the 
publication of the ITC's final injury determination under section 
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\7\
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    \7\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination, 
and Alignment of Final Determination with Final Antidumping Duty 
Determination, 85 FR 41960 (July 13, 2020) (CVD Preliminary 
Determination), and accompanying PDM.
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Suspension of Liquidation and Cash Deposits--CVD

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of corrosion 
inhibitors from China, effective on the date of publication of the 
ITC's final affirmative injury determination in the Federal Register, 
and to assess, upon further instruction by Commerce, pursuant to 
section 706(a)(1) of the Act, countervailing duties for each entry of 
the subject merchandise in an amount based on the net countervailable 
subsidy rates below. On or after the date of publication of the ITC's 
final injury determination in the Federal Register, CBP must require, 
at the same time as importers would deposit estimated normal customs 
duties on this merchandise, a cash deposit equal to the rates listed in 
the table below. These instructions suspending liquidation will remain 
in effect until further notice. The all-others

[[Page 14871]]

rate applies to all producers or exporters not specifically listed 
below, as appropriate.
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    \8\ Commerce found Nantong Yutu Group Co., Ltd. to be a cross-
owned affiliate of mandatory respondent Nantong Botao Chemical Co., 
Ltd. The name of this company was inadvertently omitted from the 
final determination notice. See CVD Final Determination and 
accompanying Issues and Decision Memorandum. This company was listed 
in the CVD Preliminary Determination and accompanying PDM at 9, and 
there were no changes which impacted this cross-ownership 
determination for the final determination.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
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Jiangyin Delian Chemical Co., Ltd.......................           93.05
Nantong Botao Chemical Co., Ltd \8\.....................           61.62
CAC Shanghai Chemical Co., Ltd..........................          239.21
Jiangyin Gold Fuda Chemical Co., Ltd....................          239.21
Xinji Xi Chen Re Neng Co., Ltd..........................          239.21
All Others..............................................           77.34
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Provisional Measures--CVD

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. Commerce published the CVD 
Preliminary Determination on July 13, 2020.\9\ As such, the four-month 
period beginning on the date of the publication of the CVD Preliminary 
Determination ended on November 9, 2020. Furthermore, section 707(b) of 
the Act states that definitive duties are to begin on the date of 
publication of the ITC's final injury determination.
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    \9\ See CVD Preliminary Determination.
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    Therefore, in accordance with section 703(d) of the Act, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of corrosion inhibitors from China entered, or withdrawn from 
warehouse, for consumption, on or after November 10, 2020, the date on 
which the provisional measures expired, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

Notification to Interested Parties

    This notice constitutes the AD and CVD orders with respect to 
corrosion inhibitors from China pursuant to section 706(a) and 736(a) 
of the Act. Interested parties can find a list of AD and CVD orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with sections 706(a) and 
736(a) of the Act, and 19 CFR 351.211(b).

    Dated: March 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Orders

    The merchandise covered by these orders 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 these orders.
    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 these orders. 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 these orders is not 
excluded when commingled with tolyltriazole, sodium tolyltriazole, 
benzotriazole, or sodium benzotriazole from sources not subject to 
these orders. Only the subject merchandise component of such 
commingled products is covered by the scope of these orders.
    A combination or mixture is excluded from these orders 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 these orders.
    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 these orders is dispositive.

[FR Doc. 2021-05742 Filed 3-18-21; 8:45 am]
 BILLING CODE 3510-DS-P