[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22994-22997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07070]


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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 of the Antidumping Duty Administrative Review; 
2022-2023

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) March 1, 2022, through February 
28, 2023. Interested parties are invited to comment on these 
preliminary results of review.

DATES: Applicable April 3, 2024.

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: (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 2, 2023, Commerce 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On May 9, 2023, based on timely 
requests for an administrative review, Commerce initiated the 
administrative review of the Order.\3\ The administrative review covers 
21 companies, including two mandatory respondents, Anhui Trust Chem 
Co., Ltd., and Nantong Botao Chemical Co., Ltd.\4\
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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, 88 FR 13091 (March 2, 2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 29881 (May 9, 2023) (Initiation 
Notice).
    \4\ See Memoranda, ``Respondent Selection,'' dated June 22, 
2023.
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    On October 30, 2023, Commerce extended the deadline for these 
preliminary results to March 28, 2024.\5\ For a complete description of 
the events that occurred since the initiation of this review, see the 
Preliminary Decision Memorandum.\6\ 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

[[Page 22995]]

Memorandum is included in appendix I to this notice. In addition, a 
complete version of the Preliminary Decision Memorandum can be found at 
https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated October 30, 2023.
    \6\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the 2022-2023 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.\7\
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    \7\ Id.
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Separate Rates

    Commerce preliminarily determines that three companies, not 
individually examined, are eligible for separate rates in this 
administrative review.\8\
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    \8\ See Appendix II; see also Preliminary Decision Memorandum at 
the ``Separate Rate Determination'' section for more details.
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    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 777AI(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 11.58, and 8.27 percent, respectively. 
For the reasons explained in the Preliminary Decision Memorandum, we 
are assigning the 10.49 percent rate to the three non-examined 
respondents, Gold Chemical Limited (Gold Chemical); Jiangyin Delian 
Chemical Co., Ltd. (Delian); Kanghua Chemical Co., Ltd. (Chuzhou 
Kanghua), which qualify for a separate rate in this review, consistent 
with Commerce's practice and section 735(c)(5)(A) of the Act.

China-Wide Entity

    Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\9\ 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.\10\ 
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.\11\
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    \9\ 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).
    \10\ See Order.
    \11\ See 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.

Preliminary Results of the Administrative Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the administrative review 
covering the period March 1, 2022, through February 28, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Anhui Trust Chem Co., Ltd.; Jiangsu Trust Chem Co., Ltd.;          11.58
 Nanjing Trust Chem Co., Ltd................................
Nantong Botao Chemical Co., Ltd.............................        8.27
Gold Chemical Limited.......................................       10.49
Jiangyin Delian Chemical Co., Ltd...........................       10.49
Kanghua Chemical Co., Ltd...................................       10.49
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after publication of this notice.\12\ 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 five days after the date for filing case briefs.\13\ Pursuant to 
19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised 
in the case briefs.\14\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding are must submit: (1) table of 
contents listing each issue; and (2) a table of authorities.\15\
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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings, we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide, at the beginning of their briefs, a public 
executive summary for each issue raised in their briefs.\16\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, no including citations. We intend 
to use the executive summaries as the basis of the comment summaries 
included in the issues and decision memorandum that will accompany the 
final results in this administrative review. We request that interested 
parties include footnotes for relevant citations in the executive 
summary of each issue. Note that Commerce has amended certain of its 
requirements pertaining to the service of documents in 19 CFR 
351.303(f).\17\
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    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Final Rule.
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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.

[[Page 22996]]

Final Results of Review

    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 U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries covered by this review.\18\ 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.
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    \18\ See 19 CFR 351.212(b)(1).
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    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.\19\ 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.\20\ 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.\21\ 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.\22\
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    \19\ 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).
    \20\ See 19 CFR 351.212(b)(1).
    \21\ Id.
    \22\ 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.\23\
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    \23\ 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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    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).

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 and/or countervailing 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 these 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(h) and 351.221(b)(4).

    Dated: March 28, 2024.
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. Scope of the Order
IV. Affiliation and Collapsing
V. Discussions of the Methodology
VI. Adjustment Under Section 777A(f) of the Act
VII. Currency Conversion
VIII. Recommendation

Appendix II

Companies Considered To Be Part of the China-Wide Entity

1. Alfa Aesar China Chemical Co. Ltd.
2. Focus Chemical B.V.
3. Haruno Sangyo Kaisha Ltd.
4. Johoku Chemical Co., Ltd.
5. KD Finechem Co., Ltd.
6. New Essential Corp.
7. Sagar Speciality Chemicals Pvt., Ltd.
8. Shanghai Sunwise Chemicals Pvt., Ltd.
9. Sinochem Pharmaceutical Co., Ltd.
10. Tianjin Jinbin International Trade
11. TotalEnergies Lubrifiants
12. Vcare Medicines
13. Wuxi Base International Trade Co., Ltd.
14. Xiamen Amity Industry & Trade Co., Ltd.
15. Yasho Industries Pvt. Ltd.

[[Page 22997]]

16. Zaozhuang Kerui Chemicals Co., Ltd

[FR Doc. 2024-07070 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P