[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69122-69124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22201]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-123]


Certain Corrosion Inhibitors From the People's Republic of China: 
Final Results and Partial Recission of Countervailing 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

[[Page 69123]]

countervailable subsidies were provided to certain exporters/producers 
of certain corrosion inhibitors from the People's Republic of China 
(China) during the period of review (POR) July 13, 2020, through 
December 31, 2021. Commerce is also rescinding the review with respect 
to one company.

DATES: Applicable October 5, 2023.

FOR FURTHER INFORMATION CONTACT: Ted Pearson, AD/CVD Operations, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-2631.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of this administrative 
review in the Federal Register on April 6, 2023, and invited interested 
parties to comment.\1\ For a complete description of the events that 
occurred subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\
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    \1\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Preliminary Results of Countervailing Duty Administrative 
Review and Rescission of Review, in Part; 2020-2021, 88 FR 20475 
(April 6, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Certain Corrosion Inhibitors from the People's Republic of China; 
2020-2021,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order 3
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    \3\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Antidumping Duty and Countervailing Duty Orders, 86 FR 
14869 (March 19, 2021) (Order).
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    The products covered by the scope of the Order are corrosion 
inhibitors 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 the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of topics discussed 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

    Based on our analysis of comments from interested parties and the 
evidence on the record, we revised the calculation of the net 
countervailable subsidy rates for Anhui Trust Chem Co., Ltd. (ATC) and 
Nantong Botao Chemical Co., Ltd. (Botao). For a discussion of the 
issues, 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 of the subsidy programs found to be countervailable, we find 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\4\ For a complete description of the 
methodology underlying all of Commerce's conclusions, including our 
reliance, in part, on facts otherwise available, including adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, see 
the Issues and Decision Memorandum.
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    \4\ 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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Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. In the Preliminary Results, 
Commerce rescinded the review with respect to 29 companies. Included on 
that list of companies was Dandee Hong Kong Holdings Ltd., a company 
identified in Wincom, Inc.'s (the petitioner) letter withdrawing the 
review request.\5\ However, that company name did not match the name of 
the company in the petitioner's request for review, Dandee Holdings 
Ltd. (Hk) and for which Commerce initiated a review.\6\ Because 
Commerce initiated a review with respect to Dandee Holdings Ltd. (Hk) 
and the petitioner's withdrawal request was for Dandee Hong Kong 
Holdings Ltd., Commerce invited interested parties to submit comments 
regarding this issue and did not issue rescission instructions for 
either company name. In response, the petitioner clarified the 
appropriate name for the withdrawal of review request is for Dandee 
Holdings Ltd. (Hk). No other party requested review of Dandee Holdings 
Ltd. (Hk), and, therefore, we are rescinding this administrative review 
with respect to Dandee Holdings Ltd. (Hk), pursuant to 19 CFR 
351.213(d)(1). For a discussion of the issue, see the Issues and 
Decision Memorandum.
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    \5\ See Petitioner's Letter, ``Request for Administrative 
Review,'' dated March 31, 2022.
    \6\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated July 6, 2022.
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Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act 
instructs Commerce, as a general rule, to calculate the all-others rate 
equal to the weighted average of the countervailable subsidy rates 
established for exporters and producers individually investigated, 
excluding any zero or de minimis countervailable subsidy rates, and any 
rates determined entirely on the basis of facts available.
    There are three companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent. In this review, 
the rates for ATC and Botao were above de minimis and not based 
entirely on facts available. Therefore, we are applying to the non-
selected companies the average of the net subsidy rates calculated for 
ATC and Botao, which we calculated using the publicly-ranged sales data 
submitted by ATC and Botao.\7\
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    \7\ With two respondents under examination, Commerce normally 
calculates: (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).

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[[Page 69124]]

    This is the same methodology Commerce applied in the Preliminary 
Results for determining a rate for companies not selected for 
individual examination. However, due to changes in the calculation for 
ATC and Botao, we revised the non-selected rate accordingly. 
Consequently, for the three non-selected companies for which a review 
was requested and not rescinded, we are applying ad valorem subsidy 
rates of 66.08 percent for 2020 and 14.37 percent for 2021.

Final Results of Review

    We determine the following net countervailable subsidy rates exist 
for the period January 1, 2021, through December 31, 2021:

------------------------------------------------------------------------
                                          Subsidy rate--  Subsidy rate--
                                           2020 (percent   2021 (percent
                 Company                    ad valorem)     ad valorem)
 
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Anhui Trust Chem Co., Ltd. \8\..........           91.45           17.08
Nantong Botao Chemical Co., Ltd. \9\....           52.20           10.74
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 Review-Specific Average Rate Applicable to the Following Companies \10\
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Gold Chemical Limited...................           66.08           14.37
Jiangyin Delian Chemical Co., Ltd.......           66.08           14.37
Nantong Kanghua Chemical Co., Ltd.......           66.08           14.37
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Disclosure
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    \8\ Commerce finds the following companies to be cross-owned 
with ATC: Nanjing Trust Chem Co., Ltd.; and Jiangsu Trust Chem Co., 
Ltd.
    \9\ Commerce finds the following companies to be cross-owned 
with Botao: Rugao Connect Chemical Co., Ltd.; Rugao Jinling Chemical 
Co., Ltd.; and Nantong Yutu Group Co., Ltd.
    \10\ This rate is based on the rate for the respondent that was 
selected for individual review, excluding rates that are zero, de 
minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act.
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    Commerce intends to disclose calculations and analysis performed 
for the final results of review within five days after the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries covered by this review, for the above-listed companies at the 
applicable ad valorem assessment rates listed for the corresponding 
time periods (i.e., July 13, 2020, to December 31, 2020, and January 1, 
2021, to December 31, 2021). Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after 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

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown above for the above-listed 
companies with regard to shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these final results of review. For all non-reviewed 
firms, we will instruct CBP to continue to collect cash deposits of 
estimated countervailing duties at the all-others rate or the most 
recent company-specific rate applicable to the company, as appropriate. 
These cash deposit requirements, effective upon publication of these 
final results, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition 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 sanctionable violation.

Notification to Interested Parties

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: September 29, 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. Partial Rescission of Administrative Review
V. Non-Selected Rate
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VIII. Interest Rates, Discount Rates, and Benchmarks
IX. Analysis of Programs
X. Discussion of the Issues
    Comment 1: Whether Commerce Erred in the Inputs for Less Than 
Adequate Remuneration (LTAR) Calculations for a Respondent
    Comment 2: Benchmarks for the Provision of Electricity for LTAR
    Comment 3: Whether Commerce Incorrectly Cumulated Benefits for 
an Export Trading Company
    Comment 4: Whether Commerce Appropriately Found that a 
Respondent Used the Export Buyer's Credit (EBC) Program
XI. Recommendation
[FR Doc. 2023-22201 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P