[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Notices]
[Pages 1559-1561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00352]


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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; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Heze Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai 
Chemical Co., Ltd. (Kangtai) sold chlorinated isocyanurates 
(chlorinated isos) from the People's Republic of China (China) at less 
than normal value during the period of review (POR) June 1, 2020, 
through May 31, 2021.

DATES: Applicable January 11, 2023.

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

    The petitioners in this proceeding 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. On July 12, 2022, Commerce published its Preliminary 
Results.\1\ For events subsequent to the Preliminary Results, see the 
Issues and Decision Memorandum.\2\ On October 12, 2022,\3\ in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), Commerce extended the deadline for issuing these 
final results until January 3, 2023.
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Antidumping Administrative Review; 
2020-2021, 87 FR 41286 (July 12, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: 
Chlorinated Isocyanurates from the People's Republic China; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated October 12, 2022.
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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. For a full description of the scope of the order, see the 
Issues and Decision Memorandum.\4\
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    \4\ See Preliminary Results PDM at 2-3.
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Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum. 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Separate Rate Respondents

    In the Preliminary Results, we found that Heze Huayi and Kangtai 
demonstrated their eligibility for a separate rate.\5\ We received no 
arguments since the issuance of the Preliminary Results that provide a 
basis for reconsideration of these determinations. Therefore, for the 
final results, we continue to find that Heze

[[Page 1560]]

Huayi and Kangtai are each eligible for a separate rate. Consistent 
with our assessment practice in non-market economy (NME) administrative 
reviews, Commerce will issue appropriate instructions to U.S. Customs 
and Border Protection (CBP) based on these final results.\6\
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    \5\ See Preliminary Results, 87 FR at 41286-87.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Assessment); see also the ``Assessment Rates'' section, infra.
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China-Wide Entity

    Pursuant to Commerce's assessment practice, 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.\7\ Commerce's policy regarding the conditional review of the 
China-wide entity applies to this administrative review.\8\ Under this 
policy, the China-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.
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    \7\ See NME Assessment. 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).
    \8\ 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).
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for Heze Huayi and Kangtai for the period June 1, 2020, 
through May 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Heze Huayi Chemical Co., Ltd................................       60.73
Juancheng Kangtai Chemical Co., Ltd.........................       83.27
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and CBP shall assess, antidumping duties on 
all appropriate entries covered by this 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).
    For the individually-examined respondent in this review which has a 
final weighted-average dumping margin that is not zero or de minimis 
(i.e., less than 0.5 percent), we will calculate importer- (or 
customer-) specific per-unit duty assessment rates based on the ratio 
of the total amount of dumping calculated for the importer's (or 
customer's) examined sales to the total sales quantity associated with 
those sales, in accordance with 19 CFR 351.212(b)(1).\9\ We will also 
calculate (estimated) ad valorem importer-specific assessment rates 
with which to determine whether the per-unit assessment rates are de 
minimis. Where either a respondent's weighted-average dumping margin is 
zero or de minimis, or an importer- (or customer-) specific assessment 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\10\
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    \9\ See Certain Activated Carbon from the People's Republic of 
China: Final Results and Partial Rescission of Second Antidumping 
Duty Administrative Review, 75 FR 70208, 70211 (November 17, 2010), 
and accompanying Issues and Decision Memorandum at Comment 3.
    \10\ See 19 CFR 351.106(c)(2).
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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 
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

    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 and/or countervailing 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 and/or countervailing duties has occurred 
and that subsequent assessment of doubled antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to an 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) of the Act, and 
19 CFR 351.213(h)(2).

    Dated: January 3, 2023.
Lisa W. Wang,
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

[[Page 1561]]

IV. Discussion of the Issues
    Comment 1: Adjusting Mexican Surrogate Values (SV) to a Cost, 
Insurance, and Freight (CIF) Basis
    Comment 2: Commerce Use of Alternative Labor Data
    Comment 3: Excluding Mexican SVs for Imports Originating from 
Mexico
    Comment 4: Clerical Errors in the Preliminary Results
    A. Conversions Used for Natural Gas and Steam
    B. Calculation of Domestic Inland Freight for Reported U.S. 
Sales
    C. Marine Insurance Expenses Reported by Heze Huayi
V. Recommendation
[FR Doc. 2023-00352 Filed 1-10-23; 8:45 am]
BILLING CODE 3510-DS-P