[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40487-40488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14481]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that chlorinated isocyanurates (chlorinated isos) from the 
People's Republic of China (China) were sold in the United States at 
less than normal value during the period of review (POR) June 1, 2020, 
through May 31, 2021. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable July 7, 2022.

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 August 3, 2021, Commerce initiated the administrative review of 
the antidumping duty (AD) order on chlorinated isos from China covering 
the period June 1, 2020, through May 31, 2021.\1\ This review covers 
two producers/exporters; Heze Huayi Chemical Co., Ltd. (Heze Huayi) and 
Juancheng Kangtai Chemical Co., Ltd. (Kangtai). On February 24, 2022, 
Commerce extended the deadline for the preliminary results of this 
administrative review by 120 days, until June 30, 2022.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 41821 (August 3, 2021).
    \2\ See Memorandum, ``Chlorinated Isocyanurates from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
24, 2022.
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    For details regarding the events that occurred subsequent to the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
The Preliminary Decision Memorandum is a public document and is made 
available to the public 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 Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 Antidumping Duty Administrative Review: 
Chlorinated Isocyanurates from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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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.\4\ Chlorinated isos are currently classifiable under 
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 
3808.50.40 and 3808.94.5000 of the Harmonized Tariff Schedule of the 
United States (HTSUS). The HTSUS subheadings are provided for 
convenience and customs purposes only; the written product description 
of the scope of the order is dispositive.
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    \4\ For a complete description of the Scope of the Order, see 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). Export prices have been calculated in accordance with section 772 
of the Act. Because China is a non-market economy within the meaning of 
section 771(18) of the Act, normal value has been calculated in 
accordance with section 773(c) of the Act. For a full description of 
the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum. A list of the topics included in the Preliminary 
Decision Memorandum is included as an appendix to this notice.

Preliminary Results of Review

    Commerce preliminarily determines that Heze Huayi and Kangtai have 
established their eligibility for a separate rate and that the 
following weighted-average dumping margins exist for the period June 1, 
2020, through May 31, 2021:

------------------------------------------------------------------------
                                                                Weight-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co. Ltd.................................       27.34
Juancheng Kangtai Chemical Co. Ltd..........................       43.79
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results of the administrative review, 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\5\ Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after 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).
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    \5\ See 19 CFR 351.212(b)(1).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin in the final results of review is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to 
calculate importer-specific assessment rates for antidumping duties, in 
accordance with 19 CFR 351.212(b)(1).\6\ Where the respondent reported 
reliable entered values, Commerce intends to calculate importer-
specific ad valorem assessment rates by aggregating the amount of 
dumping calculated for all U.S. sales to the importer and dividing this 
amount by the total entered value of the merchandise sold to the 
importer.\7\ Where the respondent did not report entered values, 
Commerce will calculate importer-specific assessment rates by dividing 
the amount of dumping for reviewed sales to the importer by the total 
quantity of those sales. Commerce will calculate an estimated ad 
valorem importer-specific assessment rate to determine whether the per-
unit assessment rate is de minimis; however, Commerce will use the per-
unit assessment rate where entered values were not reported.\8\ Where 
an importer-specific ad valorem assessment rate is not zero or de 
minimis, Commerce will instruct CBP to collect the appropriate duties 
at the time of liquidation. Where either the respondent's weighted 
average dumping margin is zero or de minimis, or an importer-specific 
ad valorem assessment rate is zero or de minimis, Commerce will 
instruct CBP to liquidate appropriate entries without regard to

[[Page 40488]]

antidumping duties.\9\ For entries that were not reported in the U.S. 
sales database submitted by an exporter individually examined during 
this review, but that entered under the case number of that exporter 
(i.e., at the individually-examined exporter's cash deposit rate), 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate.\10\
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    \6\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
    \7\ See 19 CFR 351.212(b)(1).
    \8\ Id.
    \9\ See Final Modification, 77 FR at 8103.
    \10\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) for the exporters 
listed above that have a separate rate, the cash deposit rate will be 
equal to the weighted-average dumping margin established in the final 
results of this review (except, if the rate is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), then a cash deposit rate of 
zero will be established for that company); (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that are currently eligible for a separate rate, the cash deposit 
rate will continue to be equal to the exporter-specific weighted-
average dumping margin published for the most recently completed 
segment of this proceeding; (3) for all Chinese exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the cash deposit rate established for the 
China-wide entity, 285.63 percent; and (4) for all exporters of subject 
merchandise that are not located in China and that are not eligible for 
a separate rate, the cash deposit rate will be the rate applicable to 
the Chinese exporter(s) that supplied that non-Chinese exporter. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Disclosure and Public Comment

    Commerce intends to disclose the calculations for these preliminary 
results within five days of the date of publication of this notice, in 
accordance with 19 CFR 351.224(b). Interested parties may submit case 
briefs within 30 days after the date of publication of these 
preliminary results of review.\11\ Rebuttal briefs, which must be 
limited to issues raised in the case briefs, may be filed not later 
than seven days after the date for filing case briefs.\12\ Parties who 
submit case or rebuttal briefs in this proceeding are requested to 
submit with each argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\13\ Case and 
rebuttal briefs should be filed using ACCESS \14\ and must be served on 
interested parties.\15\ Executive summaries should be limited to five 
pages total, including footnotes. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\16\
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    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \14\ See generally 19 CFR 351.303.
    \15\ See 19 CFR 351.303(f).
    \16\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS. An electronically-filed 
document must be received successfully in its entirety by Commerce's 
electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 
days after the date of publication of this notice. Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs.

Final Results of the Review

    Commerce intends to issue the final results of this administrative 
review, which will include the results of our analysis of all issues 
raised in the case briefs, not later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h)(1), unless otherwise extended.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 19 
CFR 351.221(b)(4).

    Dated: June 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiation.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Adjustments under Section 777A(f) of the Act
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2022-14481 Filed 7-6-22; 8:45 am]
BILLING CODE 3510-DS-P