[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43271-43273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14432]


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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; 2021-
2022

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, 2021, 
through May 31, 2022. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable July 7, 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

    On August 9, 2022, Commerce initiated the administrative review of 
the AD order on chlorinated isocyanurates (chlorinated isos) from China 
covering the period June 1, 2021, through May 31, 2022.\1\ This review 
covers two producers/exporters: Heze Huayi Chemical Co., Ltd. (Heze 
Huayi); and Juancheng Kangtai Chemical Co., Ltd. (Kangtai). On February 
17, 2023, Commerce extended the deadline for the preliminary results of 
this administrative review by 120 days, until June 30, 2023.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 48459 (August 9, 2022).
    \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 
17, 2023.
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    For details regarding the events that occurred subsequent to the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as 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 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 2021-2022 Administrative Review of the Antidumping 
Duty Order on 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. Chlorinated isos are currently

[[Page 43272]]

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. For a complete description of the 
scope of the order, see the Preliminary Decision Memorandum.

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.

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 of June 
1, 2021, through May 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co. Ltd.................................       57.74
Juancheng Kangtai Chemical Co. Ltd..........................       82.83
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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.\4\ Rebuttals to case 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.\5\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are requested 
to submit with each with each argument: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.\6\ 
Case and rebuttal briefs should be filed using ACCESS \7\ and must be 
served on interested parties.\8\ 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.\9\
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    \4\ See 19 CFR 351.309(c)(1)(ii).
    \5\ 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).
    \6\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \7\ See generally 19 CFR 351.303.
    \8\ See 19 CFR 351.303(f).
    \9\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing 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 
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.
    Unless we extend the deadline for the final results of this review, 
we intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in their briefs, within 120 days of the date of publication of this 
notice in the Federal Register.\10\
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    \10\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h)(1).
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Assessment Rates

    Upon issuing the final results of this review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\11\ 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). 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).\12\ 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.\13\ 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.\14\ 
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 
antidumping duties.\15\ 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.\16\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ 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).
    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
    \15\ See Final Modification, 77 FR at 8103.
    \16\ 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

[[Page 43273]]

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.

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 and/or countervailing 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 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

    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, 2023.
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. Discussion of the Methodology
V. Adjustments Under Section 777A(f) of the Act
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2023-14432 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P