[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20488-20491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07245]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-122]


Certain Corrosion Inhibitors From the People's Republic of China: 
Preliminary Results and Partial Rescission of the Antidumping Duty 
Administrative Review; 2020-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain producers and/or exporters made sales of 
certain corrosion inhibitors (corrosion inhibitors) at less than normal 
value during the period of review (POR) September 10, 2020, through 
February 28, 2022. Additionally, Commerce is rescinding this review 
with respect to Dandee Hong Kong Holdings Ltd., CAC Shanghai Chemical 
Co., Ltd., Jiangsu Bohan Industry Trade Co., Ltd., Jiangsu Yangnong 
Chemical Group Co., Ltd., Jiangyin Gold Fuda Chemical Co., Ltd., 
Nanjing Innochem Co., Ltd., and Xingji Xi Chen Re Neng Co., Ltd. 
Interested parties are invited to comment on these preliminary results 
of review.

DATES: Applicable April 6, 2023.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla and Dusten Hom, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone:

[[Page 20489]]

(202) 482-3477, and (202) 482-5075, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 19, 2021, Commerce published in the Federal Register the 
antidumping duty (AD) order on certain corrosion inhibitors from the 
People's Republic of China (China).\1\ On March 3, 2022, Commerce 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On May 13, 2022, based on timely 
requests for an administrative review, Commerce initiated the 
administrative review of the Order.\3\ The administrative review covers 
34 companies, including two mandatory respondents, Anhui Trust Chem 
Co., Ltd., and Nantong Botao Chemical Co., Ltd.\4\ Further, we have 
preliminarily collapsed Anhui Trust Chem Co., Ltd., and its affiliates, 
Jiangsu Trust Chem Co., Ltd., Nanjing Trust Chem Co., Ltd.\5\
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    \1\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Antidumping Duty Order, 86 FR 14869 (March 19, 2021) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 12086 (March 3, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 29280, 29282 (May 13, 2022) 
(Initiation Notice).
    \4\ See Memoranda, ``Antidumping Duty Administrative Review of 
Certain Corrosion Inhibitors from the People's Republic of China: 
Respondent Selection,'' dated June 21, 2022.
    \5\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Certain Corrosion Inhibitors from the People's 
Republic of China: Preliminary Affiliation and Collapsing Memorandum 
for Anhui Trust Chem Co., Ltd., and Nanjing Trust Chem Co., Ltd., 
and Jiangsu Chem Co., Ltd.
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    On October 27, 2022, Commerce extended the deadline for these 
preliminary results to March 31, 2023.\6\ For a complete description of 
the events that followed the initiation of this administrative review, 
see the Preliminary Decision Memorandum.\7\
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    \6\ See Memorandum, ``Certain Corrosion Inhibitors from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2022,'' 
dated October 27, 2022.
    \7\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the 2020-2022 Antidumping Duty Administrative Review of 
Certain Corrosion Inhibitors 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 this Order are certain corrosion inhibitors 
from China. A full description of the scope of the Order is contained 
in the Preliminary Decision Memorandum.\8\
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    \8\ Id.
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Rescission of Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws its request within 90 days of the date of 
publication of the notice of initiation. The requests for an 
administrative review of the seven companies listed in Appendix II to 
this notice were withdrawn within 90 days of the date of publication of 
the Initiation Notice.\9\ As a result, Commerce is rescinding this 
review with respect to these companies, in accordance with 19 CFR 
351.213(d)(1).
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    \9\ See Wincom Inc.'s (Wincom) Letters, ``Partial Withdrawal of 
Request for Administrative Review'' dated July 6, 2022, and ``Second 
Partial Withdrawal of Request for Administrative Review,'' dated 
August 1, 2022.
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Separate Rates

    Commerce preliminarily determines that three companies, not 
individually examined, are eligible for separate rates in this 
administrative review.\10\ The Tariff Act of 1930, as amended (the Act) 
and Commerce's regulations do not address the establishment of a 
separate rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
calculating the rate for separate-rate respondents which Commerce did 
not examine individually in an administrative review. Section 
735(c)(5)(A) of the Act states that the all-others rate should be 
calculated by averaging the weighted-average dumping margins calculated 
for individually-examined respondents, excluding dumping margins that 
are zero, de minimis, or based entirely on facts available. For the 
preliminary results of this review, Commerce determined the estimated 
dumping margins for Anhui Trust Chem Co., Ltd., and affiliates, and 
Nantong Botao Chemical Co., Ltd to be 6.12, and 14.66 percent, 
respectively. For the reasons explained in the Preliminary Decision 
Memorandum, we are assigning the 9.95 percent rate to the three non-
examined respondents, Gold Chemical Limited (Gold Chemical); Jiangyin 
Delian Chemical Co., Ltd. (Delian); Kanghua Chemical Co., Ltd. 
(formerly known as Nantong Kanghua Chemical Co.,Ltd.) (Chuzhou 
Kanghua),\11\ which qualify for a separate rate in this review, 
consistent with Commerce's practice and section 735(c)(5)(A) of the 
Act.
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    \10\ See Appendix II; see also Preliminary Decision Memorandum 
at the ``Separate Rate Determination'' section for more details.
    \11\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Notice of Final Results of Antidumping Duty Changed 
Circumstances Review, 88 FR 1356 (January 10, 2023).
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China-Wide Entity

    Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\12\ 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 in 
this review, the entity is not under review, and the entity's 
assessment rate (i.e., 241.02 percent) is not subject to change.\13\ 
For the reasons explained in the Preliminary Decision Memorandum, 
Commerce considers all other companies for which a review was requested 
(none of which filed a separate rate application) listed in Appendix II 
to this notice, to be part of the China-wide entity.\14\
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    \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).
    \13\ See Order.
    \14\ See Initiation Notice (``All firms listed below that wish 
to qualify for separate rate status in the administrative reviews 
involving NME countries must complete, as appropriate, either a 
separate rate application or certification, as described below.''); 
see also Appendix II for the list of companies that are subject to 
this administrative review that are considered to be part of the 
China-wide entity.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum. 
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 https://access.trade.gov. A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as an appendix to this notice. In addition, a complete version 
of the Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.

[[Page 20490]]

Preliminary Results of the Administrative Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering 
the period September 10, 2020, through February 28, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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Anhui Trust Chem Co., Ltd...............................            6.12
Nantong Botao Chemical Co., Ltd.........................           14.66
Non-Selected Companies Under Review Receiving a Separate            9.95
 Rate \15\..............................................
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Disclosure

    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these preliminary results of review within 
five days of the date of publication of this notice in the Federal 
Register, in accordance with 19 CFR 351.224(b).
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    \15\ Gold Chemical; Delian; and Chuzhou Kanghua.
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Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\16\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs.\17\ Commerce modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\18\ Parties who submit 
case briefs 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.\19\
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    \16\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \17\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \19\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
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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, within 30 days 
after the publication of this notice. Requests should contain the 
party's name, address, telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce will 
announce the date and time of the hearing.
    Unless the deadline is extended, Commerce intends to issue the 
final results of this review, including the results of its analysis of 
the issues raised in any written briefs, no 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).

Assessment Rates

    Upon issuing the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\20\ If the preliminary results are unchanged for the final 
results, we will instruct CBP to apply an ad valorem assessment rate of 
241.02 percent to all entries of subject merchandise during the POR 
which were exported by the companies considered to be a part of the 
China-wide entity listed in Appendix II of this notice. If Commerce 
determines that an exporter under review 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 rate.\21\
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    \20\ See 19 CFR 351.212(b)(1).
    \21\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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    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 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/customer-specific assessment rates.\22\ Where the 
respondent reported reliable entered values, Commerce intends to 
calculate importer/customer-specific ad valorem assessment rates by 
aggregating the amount of dumping calculated for all U.S. sales to the 
importer/customer and dividing this amount by the total entered value 
of the merchandise sold to the importer/customer.\23\ Where the 
respondent did not report entered values, Commerce will calculate 
importer/customer-specific assessment rates by dividing the amount of 
dumping for reviewed sales to the importer/customer by the total 
quantity of those sales. Commerce will calculate an estimated ad 
valorem importer/customer-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.\24\ Where an importer/customer-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/customer-specific ad valorem assessment rate is zero or de 
minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\25\
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    \22\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 8101 (February 14, 2012) (Final 
Modification).
    \23\ See 19 CFR 351.212(b)(1).
    \24\ Id.
    \25\ See Final Modification, 77 FR at 8103.
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    For the respondents that were not selected for individual 
examination in this administrative review, but which qualified for a 
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s) selected for 
individual examination, as appropriate, in the final results of this 
review.\26\
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    \26\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying Issues and Decision 
Memorandum at 10-11, unchanged in Drawn Stainless Steel Sinks from 
the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

[[Page 20491]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this 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 subject merchandise 
exported by the company listed above that has a separate rate, the cash 
deposit rate will be equal to the weighted-average dumping margin 
established in the final results of this administrative review (except, 
if the rate is zero or de minimis, then zero cash deposit will be 
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific rate; (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 that for the 
China-wide entity; and (4) for all non-Chinese exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the Chinese exporter that supplied 
that non-Chinese exporter. These deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary 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 these PORs. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping and/or countervailing duties occurred and the subsequent 
assessment of double antidumping duties, and/or an increase in the 
amount of antidumping duties by the amount of the countervailing 
duties.

Notification to Interested Parties

    Commerce is issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i) 
of the Act, and 19 CFR 351.213(d)(4) and 351.221(b)(4).

    Dated: March 31, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Partial Rescission of Administrative Review
VI. Single Entity Treatment
VII. Discussions of the Methodology
VIII. Adjustment Under Section 777A(f) of the Act
IX. Currency Conversion
X. Recommendation

Appendix II

Companies Subject to Rescission of Review

1. CAC Shanghai Chemical Co., Ltd.
2. Dandee Holdings Ltd. (Hk).
3. Jiangsu Bohan Industry Trade Co., Ltd.
4. Jiangsu Yangnong Chemical Group Co., Ltd
5. Jiangyin Gold Fuda Chemical Co., Ltd
6. Nanjing Innochem Co., Ltd.
7. Xingji Xi Chen Re Neng Co., Ltd

Companies Considered To Be Part of the China-Wide Entity

1. Alvarez Schaer S.A.
2. Bollore Logistics Le Havre
3. Dalsem Greenhouse Technology B.V.
4. Gooyer International Co., Ltd. (Hk).
5. Haruno Sangyo Kaisha Ltd.
6. Johoku Chemical Co., Ltd
7. K. Uttamlal Exports Private Limited
8. Nanjing Hengrun Hogsu Import & Export Company
9. Nantong Bestime Chemical Co., Ltd.
10. Sagar Speciality Chemicals Pvt., Ltd
11. Sinochem Pharmaceutical Co., Ltd.
12. Solenis Especialidades Quimicas Ltda
13. Techwell Technology Holding Limited
14. Tianjin Jinbin International Trade
15. Vcare Medicines
16. Wuxi Base International Trade Co., Ltd
17. Wuxi Connect Chemicals Co., Ltd
18. Yasho Industries Pvt. Ltd
19. Zaozhuang Kerui Chemicals Co., Ltd
20. Nanjing Singchem Co., Ltd.

[FR Doc. 2023-07245 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P