[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2701-2702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00638]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Preliminary Results of the Countervailing Duty Administrative Review;
2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of chlorinated isocyanurates (chlorinated isos) from the
People's Republic of China (China). The period of review (POR) is
January 1, 2017 through December 31, 2017. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT: Justin Neuman or Annathea Cook, 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) 482-0486 or (202) 482-0250,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2014, Commerce published in the Federal Register a
countervailing duty order on chlorinated isos from China.\1\ Pursuant
to a request from the petitioners,\2\ Commerce initiated this
administrative review on February 6, 2019.\3\ On August 21, 2019,
Commerce postponed the preliminary results of this review and extended
the deadline until January 9, 2020.\4\
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014).
\2\ The petitioners are Bio-Lab, Inc., Clearon Corp., and
Occidental Chemical Corporation.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019).
\4\ See Memorandum, ``Chlorinated Isocyanurates from the
People's Republic of China: Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated August
21, 2019.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is chlorinated isos from China.
For a complete description of the scope of the order, see the
Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of
Chlorinated Isocyanurates from the People's Republic of China;
2017,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this countervailing duty 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
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
preliminary conclusions, including our reliance, in part, on adverse
facts available pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum. 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
http://access.trade.gov, and to all parties in the Central Records
Unit, Room B8024 of the main Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
Preliminary Results of Review
As a result of this review, we preliminarily determine that, during
the period January 1, 2017 through December 31, 2017, the following
estimated countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd.............................. 397.61
Heze Huayi Chemical Co., Ltd................................ 1.52
Juancheng Kangtai Chemical Co., Ltd......................... 2.85
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of publication of this notice in the Federal Register.\7\ In accordance
with 19 CFR 351.309(c), case briefs or other written comments may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than 30 days after the date of publication of the preliminary
results, unless Commerce alters the time limit. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
five days
[[Page 2702]]
after the deadline date for case briefs.\8\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this review are encouraged to submit with each argument: (1)
A statement of the issue; (2) a brief summary of the argument; and (3)
a table of authorities.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
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 date of publication of this notice. Requests should contain
the party's name, address, and 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 intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined.
Unless the deadline is extended, pursuant to section 751(a)(3)(A)
of the Act, we intend to issue the final results of this administrative
review, including the results of our analysis of any issues raised by
the parties in their comments, within 120 days after issuance of these
preliminary results.
Assessment Rates and Cash Deposit Requirement
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon issuance of the final results, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, countervailing duties on all appropriate entries covered by
this review. We intend to issue instructions to CBP 15 days after
publication of the final results of review.
Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends
to instruct CBP to collect cash deposits of estimated countervailing
duties, in the amounts shown above for each of the respective
companies, 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 review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most-recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary 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)(4).
Dated: January 9, 2020.
Jeffrey I. Kessler,
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. Diversification of China's Economy
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Subsidies Valuation
VII. Benchmarks
VIII. Analysis of Programs
IX. Disclosure and Public Comment
X. Recommendation
[FR Doc. 2020-00638 Filed 1-15-20; 8:45 am]
BILLING CODE 3510-DS-P