[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Notices]
[Pages 22932-22934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09075]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


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

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

SUMMARY: The Department of Commerce (Commerce) finds that Heze Huayi 
Chemical Co., Ltd. (Heze Huayi) sales of chlorinated isocyanurates 
(chlorinated isos) from the People's Republic of China (China) have 
been made at less than normal value during the period of review (POR), 
June 1, 2018, through May 31, 2019, and Juancheng Kangtai Chemical Co., 
Ltd. (Kangtai) had no shipments of subject merchandise during the POR.

DATES: Applicable April 30, 2021.

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 October 26, 2020, the Department of Commerce (Commerce) 
published its Preliminary Results of the

[[Page 22933]]

administrative review of the antidumping duty order on chlorinated isos 
from the People's Republic of China (China).\1\ The petitioners in this 
investigation are Bio-lab, Inc., Clearon Corp., and Occidental Chemical 
Corp. (collectively, the petitioners). The mandatory respondents in 
this administrative review are Heze Huayi and Kangtai. A complete 
summary of the events that occurred since publication of the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review, and Preliminary Determination of No Shipments; 2018-2019, 85 
FR 67709 (October 26, 2020) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Chlorinated 
Isocyanurates from China; 2018-2019, issued concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

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. For a full description of the scope of the order, see Issues 
and Decision Memorandum.\3\
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
submitted by parties in this review in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. A list of the 
issues addressed in the Issues and Decision Memorandum is provided in 
the appendix to this notice. 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/.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made two 
changes to our margin calculations. Specifically, we applied the 
correct ocean freight rate to convert the Mexican Global Trade Atlas 
(GTA) data from a ``freight-on-board'' (FOB) to a ``cost of insurance 
and freight'' (CIF) basis for certain inputs. In addition, we have 
revised the Mexican GTA import data with respect to HTS 282720 for 
calcium chloride for exports that were not properly excluded.

Final Determination of No Shipments

    In the Preliminary Results, we found that Kangtai had no entries of 
subject merchandise during the POR.\4\ No parties commented on, nor did 
we receive information that contradicts this preliminary determination. 
Therefore, for the final results, we continue to find that Kangtai had 
no reviewable entries during the POR.
---------------------------------------------------------------------------

    \4\ See Preliminary Results, 85 FR 67709-67710.
---------------------------------------------------------------------------

Separate Rates

    In the Preliminary Results, we found that evidence provided by Heze 
Huayi supported finding an absence of both de jure and de facto 
government control, and, therefore, we preliminarily granted a separate 
rate to Heze Huayi.\5\ No parties commented on, nor did we receive 
information that contradicts this preliminary determination. Therefore, 
for the final results, we continue to find that Heze Huayi is eligible 
for a separate rate.
---------------------------------------------------------------------------

    \5\ See Preliminary Results PDM at 3-5.
---------------------------------------------------------------------------

Final Results of Administrative Review

    Commerce 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
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd................................       70.31
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review. Consistent with its recent 
notice,\6\ Commerce intends to issue appropriate assessment 
instructions directly to CBP no earlier than 35 days after the date of 
publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
---------------------------------------------------------------------------

    \6\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
---------------------------------------------------------------------------

    Where the respondent reported reliable entered values, we 
calculated importer- (or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\7\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to that party by the total sales 
quantity associated with those transactions, Commerce will direct CBP 
to assess importer-specific assessment rates based on the resulting 
per-unit rates.\8\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is greater than de minimis (i.e., 0.50 
percent), Commerce will instruct CBP to collect the appropriate duties 
at the time of liquidation.\9\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is zero or de minimis, Commerce 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\10\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.212(b)(1).
    \8\ Id.
    \9\ Id.
    \10\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

China-Wide Entity

    Pursuant to Commerce's assessment practice, for entries that were 
not reported in the U.S. sales databases submitted by companies 
individually examined during this review, Commerce will instruct CBP to 
liquidate such entries at the China-wide entity rate. Additionally, if 
Commerce determines that an exporter had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
China-wide entity rate.\11\
---------------------------------------------------------------------------

    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011). For an 
explanation on the derivation of the China-wide rate, see also 
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).
---------------------------------------------------------------------------

    Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\12\ Under this 
policy, the China-

[[Page 22934]]

wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity, we did not review 
the entity in this segment of the proceeding. Thus, the China-wide 
entity's rate (i.e., 285.63 percent) did not change.
---------------------------------------------------------------------------

    \12\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For the exporters 
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 China and non-China 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the existing producer/exporter-specific rate 
published for the most recent period; (3) for all China exporters of 
subject merchandise that have not been found to be eligible for a 
separate rate, the cash deposit rate will be the China-wide rate of 
285.63 percent; and (4) for all non-China exporters of subject 
merchandise that have not received their own rate, the cash deposit 
rate will be the rate applicable to the China exporter(s) that supplied 
that non-China exporter. These deposit requirements, when imposed, 
shall remain in effect until further notice.

Disclosure

    We intend to disclose the calculations performed regarding these 
final results within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

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

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 
and 19 CFR 351.213(h).

    Dated: April 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Selection of Mexico as the Primary Surrogate Country 
Instead of Malaysia
    Comment 2: Adjusting the Mexican Freight On-Board (FOB) GTA 
Import Data to a Cost of Insurance and Freight (CIF) Value
    Comment 3: Use of the Mexican Orbia Financial Statements in the 
Calculation of Surrogate Value Financial Ratios
    Comment 4: Use of Alternative Mexican Labor Data
    Comment 5: Mexican Surrogate Value for Natural Gas
    Comment 6: Clerical Errors in the Calculation of Preliminary 
Dumping Margin
VI. Recommendation

[FR Doc. 2021-09075 Filed 4-29-21; 8:45 am]
BILLING CODE 3510-DS-P