[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74600-74602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26459]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-991]


Chlorinated Isocyanurates From the People's Republic of China: 
Preliminary Results of the Countervailing Duty Administrative Review 
and Rescission of Review, in Part; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of chlorinated isocyanurates (chlorinated isos) 
from the People's Republic of China (China) during the period of review 
(POR), January 1, 2020, through December 31, 2020. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable December 6, 2022.

[[Page 74601]]


FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3251.

SUPPLEMENTARY INFORMATION: 

Background

    On December 28, 2021, Commerce published a notice of initiation of 
an administrative review of the countervailing duty order on 
chlorinated isos from China.\1\ On July 13, 2022, Commerce extended the 
time period for issuing these preliminary results by 120 days, in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act).\2\ The revised deadline for these preliminary 
results is now November 30, 2022.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 73734 (December 28, 2021).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review, 2020,'' dated 
July 13, 2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included at the appendix to this notice. The Preliminary 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 http://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 Countervailing Duty Administrative Review of 
Chlorinated Isocyanurates from the People's Republic of China and 
Rescission of Administrative Review, in Part; 2020,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order \4\
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    \4\ See Chlorinated Isocyanurates from the People's Republic of 
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014) 
(Order).
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    The products covered by the Order are chlorinated isos. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no reviewable suspended entries. 
Based on our analysis of U.S. Customs and Border Protection (CBP) 
information, we preliminarily determine that Hebei Jiheng Chemical Co., 
Ltd. (Jiheng) had no entries of subject merchandise during the POR. On 
March 3, 2022, we notified parties that we intended to rescind this 
administrative review with respect to Jiheng.\5\ No parties commented 
on the notification of intent to rescind the review, in part. We are, 
therefore, rescinding the administrative review of Jiheng. For 
additional information regarding this determination, see the 
Preliminary Decision Memorandum.
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    \5\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated March 3, 2022.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we preliminarily find that there is a subsidy, i.e., a 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\6\
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    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that the Government of China 
did not act to the best of its ability to respond to Commerce's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\7\ 
For further information, see the Preliminary Decision Memorandum at 
``Use of Facts Otherwise Available and Adverse Inferences.''
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    \7\ See sections 776(a) and (b) of the Act.
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Preliminary Results of Review

    For the period January 1, 2020, through December 31, 2020, we 
preliminarily find that the following net subsidy rates exist:

------------------------------------------------------------------------
                                           Subsidy rate  (percent  ad
                Company                             valorem)
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Heze Huayi Chemical Co., Ltd..........  3.04
Juancheng Kangtai Chemical Co., Ltd...  1.22
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Verification

    Commerce received a timely request from Bio-Lab, Inc., Clearon 
Corp., and Occidental Chemical Corporation (collectively, the 
petitioners) to verify the information submitted in this administrative 
review.\8\ As provided in section 782(i)(3) of the Act, Commerce 
intends to verify the information submitted by the mandatory 
respondents in advance of the final results of this review.
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    \8\ See Petitioners' Letter, ``Request for Verification,'' dated 
March 30, 2022.
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Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and CBP shall assess, 
countervailing duties on all appropriate entries in accordance with the 
final results of this review. If the assessment rate calculated in the 
final results is zero or de minimis, we will instruct CBP to liquidate 
all appropriate entries without regard to countervailing duties. For 
the company for which this review is rescinded, we will instruct CBP to 
assess countervailing duties on all appropriate entries at a rate equal 
to the cash deposit of estimated countervailing duties required at the 
time of entry, or withdrawal from warehouse, for consumption, during 
the period January 1, 2020, through December 31, 2020, in accordance 
with 19 CFR 351.212(c)(l)(i).
    For the companies remaining in the review, Commerce intends to 
issue assessment instructions 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).

Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts indicated above, except, where the rate 
calculated in the final results is zero or de minimis, no cash deposit 
will be required on shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this review. For all non-reviewed 
firms, we will instruct CBP to continue to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate applicable to the company, as appropriate. These cash 
deposit instructions, when imposed, shall remain in effect until 
further notice.

[[Page 74602]]

Disclosure and Public Comment

    We will disclose to parties to this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of these preliminary results.\9\ Case briefs or 
other written comments may be submitted to the Assistant Secretary for 
Enforcement and Compliance. A timeline for the submission of case and 
rebuttal briefs will be provided to interested parties at a later date. 
Parties who submit case or rebuttal briefs in this proceeding are 
encouraged to submit with each argument: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of 
authorities.\10\ Case and rebuttal briefs should be filed using ACCESS 
\11\ and must be served on interested parties.\12\ 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.\13\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See generally 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f).
    \13\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically using ACCESS by 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice.\14\ Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants and whether any participant is a foreign 
national; and (3) a list of the issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
and rebuttal briefs.\15\ If a request for a hearing is made, Commerce 
intends to hold the hearing at a time and date to be determined. 
Parties should confirm the date and time of the hearing two days before 
the scheduled date. Parties are reminded that all briefs and hearing 
requests must be filed electronically using ACCESS and received 
successfully in their entirety by 5:00 p.m. Eastern Time on the due 
date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310.
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Final Results of Review

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213.

    Dated: November 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in Part
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2022-26459 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-DS-P