[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37854-37855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12329]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-991]


Chlorinated Isocyanurates From the People's Republic of China: 
Final Results of Countervailing Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to the producers and 
exporters subject to the administrative review 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.

DATES: Applicable June 9, 2023.

FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau, 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) 482-2021.

SUPPLEMENTARY INFORMATION:

Background

    On December 6, 2022, Commerce published the preliminary results of 
the 2020 administrative review of the countervailing duty order on 
chlorinated isos from China.\1\ This review covers two companies, Heze 
Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai Chemical 
Co., Ltd. (Kangtai).\2\ We invited interested parties to comment on the 
Preliminary Results.\3\ On February 10, 2023, we received a case brief 
from Bio-Lab, Inc., Clearon Corp., and Occidental Chemical Corporation 
(collectively, the petitioners).\4\ On February 16, 2023, we received a 
timely combined rebuttal brief from Heze Huayi and Kangtai.\5\ For a 
complete description of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\6\
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of the Countervailing Duty Administrative 
Review and Rescission of Review in Part; 2020, 87 FR 74600 (December 
6, 2022) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ In the Preliminary Results, we rescinded the review with 
respect to an additional company, Hebei Jiheng Chemicals Co., Ltd. 
However, we incorrectly identified the company as ``Hebei Jiheng 
Chemical Co., Ltd.,'' instead of Hebei Jiheng Chemicals Co., Ltd. 
See Preliminary Results, 87 FR at 74601. We are correcting this 
error for these final results. The correct company name was 
published in the Order. See Chlorinated Isocyanurates from the 
People's Republic of China: Countervailing Duty Order, 79 FR 67424 
(November 13, 2014) (Order).
    \3\ See Preliminary Results, 87 FR at 74602.
    \4\ See Petitioners' Letter, ``Case Brief of Bio-Lab, Inc, 
Clearon Corp., and Occidental Chemical Corporation,'' dated February 
10, 2023.
    \5\ See Heze Huayi and Kangtai's Letter, ``Respondents Rebuttal 
Brief,'' dated February 16, 2023.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Chlorinated Isocyanurates from the People's Republic of China; 
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order

    The products covered by the Order are chlorinated isos from China. 
A full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum accompanying this notice. 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.

Changes Since the Preliminary Results

    Commerce evaluated the comments in the case and rebuttal brief and 
record evidence and made no changes from the Preliminary Results. For a 
discussion of the comments, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each subsidy program found to be countervailable, Commerce finds 
that there is a subsidy, i.e., a financial contribution from a 
government or public entity that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\7\ For a full description 
of the methodology underlying all of Commerce's conclusions, including 
any

[[Page 37855]]

determination that relied upon the use of adverse facts available 
pursuant to section 776(a) and (b) of the Act, see the Issues and 
Decision Memorandum.
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    \7\ 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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Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), Commerce calculated the 
following net countervailable subsidy rates for the period January 1, 
2020, through December 31, 2020:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd............................            3.04
Juancheng Kangtai Chemical Co., Ltd.....................            1.22
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final determination within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of the notice of final results in 
the Federal Register, in accordance with 19 CFR 351.224(b). However, 
because there are no changes from the Preliminary Results, there are no 
calculations to disclose.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review, for the above-listed companies at the applicable ad 
valorem assessment rates listed. We intend to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of these final results of review. 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 Instructions

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above 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 administrative review. For all non-reviewed firms 
subject to the Order, 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 requirements, effective upon publication of the 
final results of review, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing the final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: June 2, 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
IV. Subsidies Valuation Information
V. Benchmarks
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce Should Find Kangtai Used the 
Financial Incentives for Environmental Industrial Upgrading 
(Environmental Upgrading)--Grant and Loan Programs Based on Adverse 
Facts Available (AFA)
    Comment 2: Whether Commerce Applied the Proper AFA Rate to the 
Export Buyer's Credit Program (EBCP)
IX. Recommendation

[FR Doc. 2023-12329 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P