[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Notices]
[Pages 27207-27208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09762]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Continuation of Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the countervailing duty order on chlorinated
isocyanurates (chlorinated isos) from the People's Republic of China
(China) would likely lead to a continuation or recurrence of
countervailable subsidies and material injury to an industry in the
United States, Commerce is publishing a notice of continuation of the
countervailing duty order.
DATES: Applicable May 7, 2020.
FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482-5305.
SUPPLEMENTARY INFORMATION:
Background
On November 24, 2014, Commerce published the notice of the
countervailing duty order on chlorinated isos from China.\1\ On October
1, 2019, Commerce published the notice of initiation of the first
sunset review of the countervailing duty order on chlorinated isos from
China, pursuant to section 751(c) of the Tariff Act of 1930, as amended
(the Act).\2\ Also on October 1, 2019, the ITC instituted its review of
the Order.\3\
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\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014)
(Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 31304
(October 1, 2019).
\3\ See Chlorinated Isocyanurates From China; Institution of
Five-Year Review, 84 FR 52132 (October 1, 2019).
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On October 16, 2019, Commerce received a timely notice of intent to
participate in this review from Bio-Lab, Inc. (Bio-Lab), Clearon Corp.
(Clearon),
[[Page 27208]]
and Occidental Chemical Corporation (OxyChem), as domestic producers of
chlorinated isos within the deadline specified in 19 CFR
351.218(d)(1)(i).\4\ On October 31, 2019, Commerce received a complete
substantive response for the review from the domestic producers within
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce
received no substantive responses from respondent interested parties,
including the Government of China. Pursuant to section 751(c)(3)(B) of
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an
expedited (120-day) sunset review of this Order.\6\
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\4\ See Domestic Producers' Letter, ``Chlorinated Isocyanurates
from the People's Republic of China: Notice of Intent to
Participate,'' dated October 16, 2019.
\5\ See Domestic Producers' Letter, ``Chlorinated Isocyanurates
from the People's Republic of China: Substantive Response to Notice
of Initiation of Five-Year (Sunset) Review of the Countervailing
Duty Order,'' dated October 31, 2019.
\6\ See Chlorinated Isocyanurates from the People's Republic of
China: Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order, 85 FR 6142 (February 4, 2020).
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As a result of its review, Commerce determined that revocation of
the countervailing duty order would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time. On April 24, 2020, the ITC
published its determination that revocation of the Order would likely
lead to a continuation or recurrence of material injury to an industry
in the United States within a reasonably foreseeable time, pursuant to
section 751(c) of the Act.\7\
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\7\ See Chlorinated Isocyanurates from China, 85 FR 23060 (April
24, 2020).
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Scope of the Order
The products covered by the Order are chlorinated isocyanurates.
Chlorinated isocyanurates are derivatives of cyanuric acid, described
as chlorinated s-triazine triones. There are three primary chemical
compositions of chlorinated isocyanurates: (1) Trichloroisocyanuric
acid (TCCA) (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 X 2H2O), and (3) sodium dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated isocyanurates are available in powder,
granular and solid (e.g., tablet or stick) forms.
Chlorinated isocyanurates are currently classifiable under
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000,
3808.94.5000, and 3808.99.9500 of the Harmonized Tariff Schedule of the
United States (HTSUS). The tariff classification 2933.69.6015 covers
sodium dichloroisocyanurates (anhydrous and dihydrate forms) and
trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and
2933.69.6050 represent basket categories that include chlorinated
isocyanurates and other compounds including an unfused triazine ring.
The tariff classifications 3808.50.4000, 3808.94.5000 and 3808.99.9500
cover disinfectants that include chlorinated isocyanurates. The HTSUS
subheadings are provided for convenience and customs purposes. The
written description of the scope of this Order is dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to continuation or recurrence
of countervailable subsidies and material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act, Commerce
hereby orders the continuation of the Order.
U.S. Customs and Border Protection will continue to collect
countervailing duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise. The effective date of the
continuation of the Order will be the date of publication in the
Federal Register of this notice of continuation. Pursuant to section
751(c)(2) of the Act, Commerce intends to initiate the next sunset
review of the order not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
section 751(c) of the Act and published pursuant to section 777(i)(1)
of the Act and 19 CFR 351.218(f)(4).
Dated: April 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-09762 Filed 5-6-20; 8:45 am]
BILLING CODE 3510-DS-P