[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49149-49150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12739]


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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; 2021

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, 2021, through 
December 31, 2021.

DATES: Applicable June 11, 2024.

FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau or Eliza DeLong, 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 or (202) 
482-3878, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2023, Commerce published the preliminary results of 
the 2021 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. We invited interested parties to comment on the Preliminary 
Results.\2\ On March 27, 2024, we extended the deadline for these final 
results until June 4, 2024, in accordance with section 751(a)(3)(A) of 
the Tariff Act of 1930, as amended (the Act).\3\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\4\
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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; 2021, 88 FR 85214 (December 
7, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Preliminary Results, 88 FR at 85216.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated March 27, 2024.
    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review of Chlorinated 
Isocyanurates from the People's Republic of China; 2021,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 5
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    \5\ See Chlorinated Isocyanurates from the People's Republic of 
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014) 
(Order).
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    The products covered by the Order are chlorinated isos from China. 
A full description of the scope of the Order is provided in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    A list of the issues that parties raised, to which we responded in 
the Issues and Decision Memorandum, is attached as an 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 arguments raised and a review of the record and all 
supporting documentation, we made certain changes to the Preliminary 
Results with respect to the subsidy rate calculation for the provision 
of land-use rights for less than adequate remuneration for the chemical 
industry program. 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 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.\6\ For a full description of the methodology underlying all 
of Commerce's conclusions, including any determination that relied upon 
the use of adverse facts available pursuant to sections 776(a) and (b) 
of the Act, see the Issues and Decision Memorandum.
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    \6\ 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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Company Not Selected for Individual Review

    We made no changes to the methodology for determining the rate 
assigned to Sincere Cooperation Material, the company not selected for 
individual examination, from the Preliminary Results.\7\ However, we 
revised this rate to reflect the changes to Heze Huayi's rate.\8\
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    \7\ See Preliminary Results PDM at 5.
    \8\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this 
notice.
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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, 
2021, through December 31, 2021:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Heze Huayi Chemical Co., Ltd............................            3.12
Juancheng Kangtai Chemical Co., Ltd.....................            3.96
    Review-Specific Average Rate Applicable to the Following Company
------------------------------------------------------------------------
Sincere Cooperation Material............................            3.26
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[[Page 49150]]

Disclosure

    Commerce will disclose to interested parties the calculations 
performed for these final results within five days of 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).

Assessment

    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 Requirements

    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 this review, 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 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 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
to the Program on the Provision of Land-Use Rights for Less Than 
Adequate Remuneration for the Chemical Industry
    Comment 2: Whether Commerce Should Include Land-Use Rights 
Acquired Outside the AUL Period in its Benefit Calculation
IX. Recommendation

[FR Doc. 2024-12739 Filed 6-10-24; 8:45 am]
BILLING CODE 3510-DS-P