[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12502-12506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04342]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-123]
Certain Corrosion Inhibitors From the People's Republic of China:
Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 25, 2020.
FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Nicholas
Czajkowski, 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
or (202) 482-1395, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On February 5, 2020, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition (Petition) concerning
imports of certain corrosion inhibitors (corrosion inhibitors) from the
People's Republic of China (China), filed in proper form on behalf of
Wincom Incorporated (the petitioner). The CVD Petition was accompanied
by an antidumping duty (AD) Petition concerning imports of corrosion
inhibitors from China.\1\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Certain Corrosion
Inhibitors from China,'' dated February 5, 2020 (the Petitions).
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On February 10, 2020, Commerce requested supplemental information
pertaining to certain aspects of the Petitions.\2\ The petitioner filed
responses to these requests on February 14, 2020.\3\ On February 14,
2020, Commerce requested additional supplemental information pertaining
to the CVD investigation.\4\ On February 18, 2020, the petitioner
responded to this request.\5\ On February 19, 2020, Commerce requested
additional supplemental information pertaining to the CVD
investigation.\6\ On February 21, 2020, the petitioner responded to the
[[Page 12503]]
request.\7\ On February 21, 2020, Commerce received comments on
industry support from SUEZ WTS USA Inc. (Suez), an importer of the
subject merchandise.\8\ The petitioner responded to Suez's industry
support comments on February 24, 2020.\9\
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\2\ See Commerce's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain
Corrosion Inhibitors from the People's Republic of China:
Supplemental Questions,'' dated February 10, 2020 (General Issues
Questionnaire); see also Commerce's Letter, ``Petition for the
Imposition of Countervailing Duties on Imports of Certain Corrosion
Inhibitors from the People's Republic of China: Supplemental
Questions,'' dated February 10, 2020.
\3\ See Petitioner's Letter, ``Certain Corrosion Inhibitors from
the People's Republic of China: Responses to Supplemental Questions
(Volume I),'' dated February 14, 2020 (General Issues Supplement);
see also Petitioner's Letter, ``Certain Corrosion Inhibitors from
the People's Republic of China: Responses to Supplemental Questions
(Volume III),'' dated February 14, 2020 (CVD Supplement).
\4\ See Commerce's Letter, ``Petition for the Imposition of
Countervailing Duties on Imports of Certain Corrosion Inhibitors
from the People's Republic of China: Supplemental Questions,'' dated
February 14, 2020.
\5\ See Petitioner's Letter, ``Certain Corrosion Inhibitors from
the People's Republic of China: Responses to Second Supplemental
Questions (Volume III),'' dated February 18, 2020.
\6\ See Commerce's Letter, ``Petition for the Imposition of
Countervailing Duties on Imports of Certain Corrosion Inhibitors
from the People's Republic of China: Supplemental Questions,'' dated
February 19. 2020.
\7\ See Petitioner's Letter, ``Certain Corrosion Inhibitors from
the People's Republic of China: Third Supplemental Questionnaire
Response (Volume III),'' dated February 21, 2020.
\8\ See Suez's Letter, ``Certain Corrosion Inhibitors from the
People's Republic of China: Industry Support Comments on the
Petitions for Antidumping and Countervailing Duties and Request to
Poll Industry,'' dated February 21, 2020.
\9\ See Petitioner's Letter, ``Certain Corrosion Inhibitors from
the People's Republic of China: Petitioner's Response to Comments
From SUEZ WTS USA, Inc. Regarding Industry Support,'' dated February
24, 2020.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of corrosion
inhibitors in China, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing
corrosion inhibitors in the United States. Consistent with section
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs
on which we are initiating a CVD investigation, the Petition was
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because the petitioner is an interested party, as
defined in sections 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigation.\10\
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\10\ See ``Determination of Industry Support for the Petition''
section, infra.
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Period of Investigation
Because the Petition was filed on February 5, 2020, the period of
investigation (POI) is January 1, 2019 through December 31, 2019.\11\
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\11\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The merchandise covered by this investigation is corrosion
inhibitors from China. For a full description of the scope of this
investigation, see the Appendix to this notice.
Comments on Scope of the Investigation
Commerce requested further information from the petitioner
regarding the proposed scope to ensure that the scope language in the
Petition is an accurate reflection of the products for which the
domestic industry is seeking relief.\12\ As a result, the petitioner
modified the scope of the Petition to clarify the description of the
merchandise covered by the Petition.\13\ The description of the
merchandise covered by this investigation, as described in the Appendix
to this notice, reflects these clarifications.
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\12\ See General Issues Questionnaire at 3.
\13\ See General Issues Supplement at 2-4 and at Exhibit I-S1.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\14\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\15\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on March 16, 2020, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on March 26, 2020, which is
10 calendar days from the initial comment deadline.\16\
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\14\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\15\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\16\ See 19 CFR 351.303(b).
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Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such comments must be filed on
the record of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\17\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
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\17\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it the
opportunity for consultations with respect to the Petition.\18\ The GOC
did not request consultations.
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\18\ See Commerce's Letter, ``Countervailing Duty Petition on
Corrosion Inhibitors from the People's Republic of China,'' dated
February 5, 2020.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also
[[Page 12504]]
determine what constitutes a domestic like product in order to define
the industry. While both Commerce and the ITC must apply the same
statutory definition regarding the domestic like product,\19\ they do
so for different purposes and pursuant to a separate and distinct
authority. In addition, Commerce's determination is subject to
limitations of time and information. Although this may result in
different definitions of the like product, such differences do not
render the decision of either agency contrary to law.\20\
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\19\ See section 771(10) of the Act.
\20\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\21\ Based on our analysis of the information
submitted on the record, we have determined that corrosion inhibitors,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\22\
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\21\ See Volume I of the Petition, at 11-14; see also General
Issues Supplement at 4-8 and Exhibits I-S2 and I-S3.
\22\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist: Certain
Corrosion Inhibitors from the People's Republic of China (China CVD
Initiation Checklist) at Attachment II, ``Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Certain Corrosion Inhibitors from the People's Republic of
China'' (Attachment II), dated concurrently with this notice and on
file electronically via ACCESS. Access to documents filed via ACCESS
is also available in the Central Records Unit, Room B8024 of the
main Commerce building.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2019, as well as 2019
production of its two toll producers, who also support the
Petition.\23\ The petitioner states that there are no other known
producers of corrosion inhibitors in the United States; therefore, the
Petition is supported by 100 percent of the U.S. industry.\24\ We
relied on data provided by the petitioner for purposes of measuring
industry support.\25\
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\23\ See Volume I of the Petition, at 3-4, 9, 14, and Exhibits
I-12, I-14, and I-15; see also General Issues Supplement at 8-10 and
Exhibits I-S4 and I-S8.
\24\ See Volume I of the Petition, at 3-4; see also General
Issues Supplement, at 8-10 and Exhibits I-S4 and I-S8.
\25\ See Volume I of the Petition, at 3-4, and 9, and Exhibits
I-12, I-14, and I-15; see also General Issues Supplement at 8-10 and
Exhibits I-S4 and I-S8. For further discussion, see China CVD
Initiation Checklist, at Attachment II.
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Our review of the data provided in the Petition, the General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\26\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\27\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\28\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\29\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\30\
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\26\ See Volume I of the Petition, at 3-4, and 9, and Exhibits
I-12, I-14, and I-15; see also General Issues Supplement at 8-10 and
Exhibits I-S4 and I-S8. For further discussion, see China CVD
Initiation Checklist, at Attachment II.
\27\ See section 702(c)(4)(D) of the Act; see also China CVD
Initiation Checklist, at Attachment II.
\28\ See China CVD Initiation Checklist, at Attachment II.
\29\ Id.
\30\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to these investigations. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product.\31\ In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\32\
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\31\ See Volume I of the Petitions at 1-2.
\32\ Id. at Exhibit I-11.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; a decline in the domestic industry's financial
performance; decline in production, capacity utilization, U.S.
shipments, and net sales quantities; and impacts on employment-related
indicators.\33\ We have assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence, and meet the
statutory requirements for initiation.\34\
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\33\ See Volume I of the Petitions, at 14-25 and Exhibits I-5,
I-7 through I-15; see also Petitioner's Letter, ``Certain Corrosion
Inhibitors from the People's Republic of China: Responses to
Supplemental Questions (Volume I),'' dated February 14, 2020
(General Issues Supplement), at 10-13, and Exhibits I-S5, I-S6, and
I-S7.
\34\ See China CVD Initiation Checklist, at Attachment III,
``Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Corrosion Inhibitors from the People's Republic of
China'' (Attachment III).
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Initiation of CVD Investigation
Based upon the examination of the Petition on corrosion inhibitors
from China, we find that the Petition meets the requirements of section
702 of the Act. Therefore, we are initiating a CVD investigation to
determine whether imports of corrosion inhibitors from China benefit
from countervailable subsidies conferred by the GOC. Based on our
review of the Petition, we find that there is sufficient information to
initiate a CVD investigation on 17 of the 18 alleged programs. For a
full discussion of the basis for our decision
[[Page 12505]]
to initiate (or not initiate) on each program, see CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS. In accordance with section
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 65 days after the
date of this initiation.
Respondent Selection
The petitioner named nine companies in China as producers/exporters
of corrosion inhibitors.\35\ Commerce intends to follow its standard
practice in CVD investigations and calculate company-specific subsidy
rates in this investigation. In the event Commerce determines that the
number of companies is large and, it cannot individually examine each
company based upon Commerce's resources, where appropriate, Commerce
intends to select mandatory respondents based on quantity and value
(Q&V) questionnaires issued to the potential respondents. Commerce
normally selects mandatory respondents in CVD investigations using U.S.
Customs and Border Protection (CBP) entry data for U.S. imports under
the appropriate Harmonized Tariff Schedule of the United States (HTSUS)
numbers listed in the scope of the investigation. However, for this
investigation, among the HTSUS numbers under which the subject
merchandise would enter (2933.99.82.10, 2933.99.82.20, 2933.99.82.90),
are basket categories under which non-subject merchandise may enter.
Therefore, we cannot rely on CBP entry data in selecting respondents.
We intend instead to issue Q&V questionnaires to each potential
respondent for which the petitioner has provided a complete address.
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\35\ See Volume I of the Petitions at Exhibit I-15.
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Exporters and producers of certain corrosion inhibitors from China
that do not receive Q&V questionnaires by mail may still submit a
response to the Q&V questionnaire and can obtain the Q&V questionnaire
from the Enforcement and Compliance website at http://trade.gov/enforcemnet/news.asp.
Responses to the Q&V questionnaire must be submitted by the
relevant Chinese producers/exporters no later than 5:00 p.m. ET on
March 11, 2020. All Q&V responses must be filed electronically via
ACCESS. An electronically filed document must be received successfully,
in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline
noted above. Commerce intends to finalize its decisions regarding
respondent selection within 20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS.
Furthermore, to the extent practicable, Commerce will attempt to
provide a copy of the public version of the Petition to each exporter
named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of corrosion inhibitors from China are
materially injuring or threatening material injury to a U.S.
industry.\36\ A negative ITC determination will result in the
investigation being terminated.\37\ Otherwise, this CVD investigation
will proceed according to statutory and regulatory time limits.
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\36\ See section 733(a) of the Act.
\37\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Any party, when submitting factual
information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted \38\ and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\39\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Parties wishing to submit factual
information in this investigation are asked to review the regulations
prior to submitting factual information in this investigation.
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\38\ See 19 CFR 351.301(b).
\39\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, standalone submission; under limited circumstances Commerce
will grant untimely-filed requests for the extension of time limits.
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests
or factual information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Instructions for filing such
applications may be found on the Commerce website
[[Page 12506]]
at http://enforcement.trade.gov/apo. Parties wishing to participate in
this investigation should ensure that they meet the requirements of 19
CFR 351.103(d) (e.g., by filing a letter of appearance).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
Dated: February 25, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is tolyltriazole
and benzotriazole. This includes tolyltriazole and benzotriazole of
all grades and forms, including their sodium salt forms.
Tolyltriazole is technically known as Tolyltriazole IUPAC 4,5 methyl
benzotriazole. It can also be identified as 4, 5 methyl
benzotriazole, tolutriazole, TTA, and TTZ.
Benzotriazole is technically known as IUPAC 1,2,3-Benzotriazole.
It can also be identified as 1,2,3-Benzotriazole, 1,2-
Aminozophenylene, 1H-Benzotriazole, and BTA.
All forms of tolyltriazole and benzotriazole, including but not
limited to flakes, granules, pellets, prills, needles, powder, or
liquids, are included within the scope of these petitions.
The scope includes tolyltriazole/sodium tolyltriazole and
benzotriazole/sodium benzotriazole that are combined or mixed with
other products. For such combined products, only the tolyltriazole/
sodium tolyltriazole and benzotriazole/sodium benzotriazole
component is covered by the scope of these investigations.
Tolyltriazole and sodium tolyltriazole that have been combined with
other products is included within the scope, regardless of whether
the combining occurs in third countries.
Tolyltriazole, sodium tolyltriazole, benzotriazole and sodium
benzotriazole that is otherwise subject to these investigations is
not excluded when commingled with tolyltriazole, sodium
tolyltriazole, benzotriazole, or sodium benzotriazole from sources
not subject to these investigations. Only the subject merchandise
component of such commingled products is covered by the scope of
these investigations.
A combination or mixture is excluded from this investigation if
the total tolyltriazole or benzotriazole component of the
combination or mixture (regardless of the source or sources)
comprises less than 5 percent of the combination or mixture, on a
dry weight basis.
Notwithstanding the foregoing language, a tolyltriazole or
benzotriazole combination or mixture that is transformed through a
chemical reaction into another product, such that, for example, the
tolyltriazole or benzotriazole can no longer be separated from the
other products through a distillation or other process is excluded
from this investigation.
Tolyltriazole has the Chemical Abstracts Service (``CAS'')
registry number 299385-43-1. Tolyltriazole is classified under
Harmonized Tariff Schedule of the United States (``HTSUS'')
subheading 2933.99.82.20.
Sodium Tolyltriazole has the CAS registry number 64665-57-2 and
is classified under HTSUS subheading 2933.99.82.90.
Benzotriazole has the CAS registry number #95-14-7 and is
classified under HTSUS subheading 2933.99.82.10.
Sodium Benzotriazole has the CAS registry number 15217-42-2.
Sodium Benzotriazole is classified under HTSUS subheading
2933.99.82.90.
Although the HTSUS subheadings and CAS registry numbers are
provided for convenience and customs purposes, the written
description of the scope of these investigations is dispositive.
[FR Doc. 2020-04342 Filed 3-2-20; 8:45 am]
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