82 FR 27466 - Chlorinated Isocyanurates From the People's Republic of China: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 114 (June 15, 2017)

The Department of Commerce (Department) has completed its administrative review of the countervailing duty (CVD) order on chlorinated isocyanurates (chloro isos) from the People's Republic of China (PRC) for the February 4, 2014, through December 31, 2014, period of review (POR). We have determined that mandatory respondents Heze Huayi Chemical Co., Ltd. (Heze) and Hebei Jiheng Chemical Co., Ltd. (Jiheng), and their cross-owned affiliates, where applicable, received countervailable subsidies during the POR. The final net subsidy rates are listed below in ``Final Results of Administrative Review.'' We are also rescinding the review for Juancheng Kangtai Chemical Co., Ltd. (Kangtai) that timely certified it made no shipments of subject merchandise during the POR.

[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Notices]
[Pages 27466-27468]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12449]


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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, and Partial 
Rescission of Countervailing Duty Administrative Review; 2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) has completed its 
administrative review of the countervailing duty (CVD) order on 
chlorinated isocyanurates (chloro isos) from the People's Republic of 
China (PRC) for the February 4, 2014, through December 31, 2014, period 
of review (POR). We have determined that mandatory respondents Heze 
Huayi Chemical Co., Ltd. (Heze) and Hebei Jiheng Chemical Co., Ltd. 
(Jiheng), and their cross-owned affiliates, where applicable, received 
countervailable subsidies during the POR. The final net subsidy rates 
are listed below in ``Final Results of Administrative Review.'' We are 
also rescinding the review for Juancheng Kangtai Chemical Co., Ltd. 
(Kangtai) that timely certified it made no shipments of subject 
merchandise during the POR.

DATES: Effective June 15, 2017.

FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Justin Neuman, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone 202.482.5307 or 202.482.0486, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 13, 2014, the Department published the CVD Order on 
chloro isos from the PRC.\1\ The Department published the Preliminary 
Results of this administrative review in the Federal Register on 
December 13, 2016.\2\ We invited interested parties to comment on the 
Preliminary Results. On May 19, 2017, we received case briefs from the 
petitioners and the Government of China (GOC).\3\ On May 24, 2017 we 
received rebuttal comments from the petitioners, Jiheng, and Heze.\4\

[[Page 27467]]

On May 31, 2017, the Department issued the results of its post-
preliminary decision on the China Export Import Bank's Export Buyer's 
Credit Program, and invited comments on the Department's decision. On 
June 2, 2017, Heze provided comments on the post-preliminary 
decision.\5\ On June 5, 2017, we received rebuttal comments on the 
post-preliminary decision from the petitioners and the GOC.\6\
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014).
    \2\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Countervailing Duty Administrative 
Review, and Preliminary Intent to Rescind Review, in Part; 2014, 81 
FR 89896 (December 13, 2016) and accompanying Issues and Decision 
Memorandum (Preliminary Results).
    \3\ See Case Brief Submitted to the Record from the Petitioners 
(May 19, 2017) (the Petitioners' Case Brief); Letter to the 
Secretary of Commerce from the GOC, ``GOC Administrative Case Brief: 
First Administrative Review of the Countervailing Duty Order on 
Chlorinate Isocyanurates from the People's Republic of China (C-570-
991)'' (May 19, 2017) (GOC's Case Brief).
    \4\ See Rebuttal Case Brief Submitted to the Record from the 
Petitioners (May 24, 2017); Letter to the Secretary of Commerce from 
the GOC, ``GOC Administrative Rebuttal Brief: First Administrative 
Review of the Countervailing Duty Order on Chlorinated Isocyanurates 
from the People's Republic of China (C-570-991) (May 19, 2017) 
(GOC's Case Brief); Letter to the Secretary of Commerce from Heze, 
``Certain Chlorinated Isocyanurates from China Rebuttal Brief'' (May 
24, 2017) (Heze's Rebuttal Brief); Letter to the Secretary of 
Commerce from Jiheng, ``Certain Chlorinated Isocyanurates from China 
Rebuttal Brief of Hebei Jiheng Chemical Co., Ltd.'' (May 24, 2017) 
(Jiheng's Rebuttal Brief).
    \5\ See Letter to the Secretary of Commerce from Heze, ``Certain 
Chlorinated Isocyanurates from China Comments on Post-Preliminary 
Results'' (June 2, 2017) (Heze's Post-Prelim Comments).
    \6\ See Letter to the Secretary of Commerce from the 
Petitioners, ``Chlorinated Isocyanurates from the People's Republic 
of China: Post-Preliminary Determination Rebuttal Comments'' (June 
5, 2017) (the Petitioners' Post-Prelim Rebuttal Comments); Letter to 
the Secretary of Commerce from the GOC, ``GOC Comments in Response 
to Post-Prelim Comments: First Administrative Review of the 
Countervailing Duty Order on Chlorinated Isocyanurates from the 
People's Republic of China (C-570-991)'' (June 5, 2017) (GOC's Post-
Prelim Rebuttal Comments).
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Scope of the Order

    The products covered by the order are chloro isos, which are 
derivatives are cyanuric acid, described as chlorinated s-triazine 
triones.\7\ Chloro isos 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 HTSUS subheadings are provided for convenience and customs 
purposes; the written product description of the scope of the order is 
dispositive.
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    \7\ For a complete description of the Scope of the Order, see 
Preliminary Results.
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Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues addressed is 
attached to this notice at Appendix I. 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 http://access.trade.gov and in the Central Records 
Unit, Room B8024 of the main Department building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on case briefs, rebuttal briefs, and all supporting 
documentation, we made changes from the Preliminary Results. For Heze, 
the Department has corrected the average useful life range from 9 to 10 
years. The Department also found the Export Buyer's Credit Program to 
be countervailable and applied an adverse inference in a post-
preliminary decision memorandum.\8\ However, the Department has 
adjusted the adverse inference rate in these final results.
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    \8\ See Memorandum from Gary Taverman, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to 
Ronald Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Countervailing Duty Administrative Review of 
Chlorinated Isocyanurates from the People's Republic of China: Post-
Preliminary Results Decision Memorandum'' (May 31, 2017).
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Methodology

    The Department conducted this 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, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\9\ The Issues and Decision Memorandum contains a full 
description of the methodology underlying the Department's conclusions, 
including any determination that relied upon the use of adverse facts 
available pursuant to sections 776(a) and (b) of the Act.
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    \9\ 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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Partial Rescission of Administrative Review

    As noted in the Preliminary Results, the Department timely received 
a no-shipment response from Kangtai. The Department stated its 
intention to rescind the review with respect to this company. The 
Department inquired with U.S. Customs and Border Protection (CBP) 
whether Kangtai had shipped merchandise to the United States during the 
POR, and CBP provided no evidence to contradict the claims of no 
shipments made by this company. Accordingly, the Department is 
rescinding the administrative review on Kangtai, pursuant to 19 CFR 
351.213(d)(3).

Final Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we determine the 
following net subsidy rates for the 2014 administrative review:

------------------------------------------------------------------------
                                                            Net subsidy
                                                               rates
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd..........................           21.76
Heze Huayi Chemical Co., Ltd............................            1.91
------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue assessment instructions to CBP 15 
days after the date of publication of these final results of review, to 
liquidate shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after February 4, 2014, through 
December 31, 2014, at the ad valorem rates listed above.

Cash Deposit Instructions

    In accordance with section 751(a)(1) of the Act, the Department 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for each of the respective 
companies listed above. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 9, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. List of Interested Party Comments
IV. Scope of the Order
V. Changes Since the Preliminary Results and Post-Preliminary 
Results

[[Page 27468]]

VI. Partial Rescission of Administrative Review
VII. Subsidies Valuation Information
VIII. Benchmarks
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Programs Determined To Be Countervailable
XI. Programs Determined Not To Confer Measurable Benefits
XII. Programs Determined Not To Be Used During the POR
XIII. Analysis of Comments
XIV. Conclusion

[FR Doc. 2017-12449 Filed 6-14-17; 8:45 am]
 BILLING CODE 3510-DS-P