[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36253-36255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14639]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Final Determination of No Shipments; 2019-2020 Administrative Review

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) and Juancheng Kangtai Chemical Co., 
Ltd. (Kangtai) did not have any shipments of subject merchandise during 
the period of review (POR) June 1, 2019, through May 31, 2020.

DATES: Applicable July 9, 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 March 8, 2021, Commerce published its Preliminary Results of the 
administrative review of the antidumping duty order on chlorinated 
isocyanurates (chlorinated isos) from China covering the period June 1, 
2019,

[[Page 36254]]

through May 31, 2020.\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. No case or rebuttal briefs for this 
review were submitted by the parties.
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Determination of No Shipments; 2019-2020, 86 FR 
13291 (March 8, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------

    On September 8, 2020, Heze Huayi and Kangtai both certified that 
their respective companies had no entries of subject merchandise during 
the POR.\2\ On November 17, 2020, our review of U.S. Customs and Border 
Protection (CBP) data indicated that Heze Huayi and Kangtai had no 
entries of subject merchandise originating from China, that were 
subject to antidumping duties during the POR.\3\ On May 19, 2021, 
Commerce issued a no shipment inquiry to CBP with respect to Heze Huayi 
and Kangtai.\4\ On May 24, 2021, CBP responded that it has no record of 
any subject entries for this inquiry.\5\
---------------------------------------------------------------------------

    \2\ See Heze Huayi's Letter, ``Chlorinated Isocyanurates from 
the People's Republic of China: No Sales Certification,'' dated 
September 8, 2020; see also Kangtai's Letter, ``Chlorinated 
Isocyanurates from the People's Republic of China: No Sales 
Certification,'' dated September 8, 2020.
    \3\ See Memorandum, ``U.S. Customs and Border Protection (CBP) 
Data for Heze Huayi Chemical Co., Ltd. and Juancheng Kangtai 
Chemical Co., Ltd.,'' dated November 17, 2020.
    \4\ CBP message 1139404, dated May 19, 2021.
    \5\ See Memorandum, ``Chlorinated Isocyanurates from the 
People's Republic of China; No Shipment Inquiry for Heze Huayi 
Chemical Co., Ltd. and Juancheng Kangtai Chemical Co., Ltd. during 
the period 06/01/2019 through 05/31/2020,'' dated May 25, 2021.
---------------------------------------------------------------------------

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 
Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Preliminary Results PDM at 2.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.213.

Final Determination of No Shipments

    In the Preliminary Results, we found that Heze Huayi and Kangtai 
had no entries of subject merchandise during the POR.\7\ 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 and Kangtai had no reviewable entries 
during the POR. Consistent with our assessment practice in non-market 
economy administrative reviews, Commerce did not rescind this review 
for Heze Huayi and Kangtai but completed the review and will issue 
appropriate instructions to CBP based on these final results.\8\
---------------------------------------------------------------------------

    \7\ See Preliminary Results, 86 FR 13291-13292.
    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also the ``Assessment Rates' '' section, below.
---------------------------------------------------------------------------

China-Wide Entity

    Pursuant to Commerce's policy, the China-wide entity will not be 
under review unless a party specifically requests, or Commerce self-
initiates, a review of the entity.\9\ 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.
---------------------------------------------------------------------------

    \9\ 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).
---------------------------------------------------------------------------

Assessment Rates

    Pursuant to Commerce's assessment practice, if Commerce determines 
that an exporter had no shipments of the subject merchandise, we intend 
to issue liquidation instructions for any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) and to liquidate at the China-wide entity rate.\10\
---------------------------------------------------------------------------

    \10\ 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 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).
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and 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,\11\ 
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).
---------------------------------------------------------------------------

    \11\ 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).
---------------------------------------------------------------------------

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 Heze Huayi and 
Kangtai, the cash deposit rate will continue to be the existing 
producer/exporter-specific rate published for the most recent period; 
(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 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 China-wide rate of 
285.63 percent; and (4) for all non-Chinese exporters of subject 
merchandise that 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 deposit requirements, when 
imposed, shall remain in effect until further notice.

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 that 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

[[Page 36255]]

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: July 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-14639 Filed 7-8-21; 8:45 am]
BILLING CODE 3510-DS-P