83_FR_27066 83 FR 26954 - Chlorinated Isocyanurates From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2015

83 FR 26954 - Chlorinated Isocyanurates From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range26954-26955
FR Document2018-12483

The U.S. Department of Commerce (Commerce) has completed its administrative review of the countervailing duty (CVD) order on (chloro isos) from the People's Republic of China (China) for the January 1, 2015, through December 31, 2015, period of review (POR), and determines that countervailable subsidies are being provided to producers and exporters of chloro isos. The final net subsidy rates are listed below in ``Final Results of Administrative Review.''

Federal Register, Volume 83 Issue 112 (Monday, June 11, 2018) 
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 26954-26955]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12483]


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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; 2015

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

SUMMARY: The U.S. Department of Commerce (Commerce) has completed its 
administrative review of the countervailing duty (CVD) order on (chloro 
isos) from the People's Republic of China (China) for the January 1, 
2015, through December 31, 2015, period of review (POR), and determines 
that countervailable subsidies are being provided to producers and 
exporters of chloro isos. The final net subsidy rates are listed below 
in ``Final Results of Administrative Review.''

DATES: Applicable June 11, 2018.

FOR FURTHER INFORMATION CONTACT: Christian Llinas or Omar Qureshi, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone 202.482.4877 or 
202.482.5307, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 13, 2014, Commerce published the CVD Order on chloro 
isos from China.\1\ On December 4, 2017, Commerce published the 
Preliminary Results of this administrative review in the Federal 
Register.\2\ We invited interested parties to comment on the 
Preliminary Results. On January 16, 2018, we received case briefs from 
the petitioners,\3\ the Government of China (GOC), and from the 
mandatory respondents, Heze Huayi \4\ and Kangtai.5 6 On 
January 29, 2018, we received rebuttal briefs from the petitioners, the 
GOC, and from the mandatory respondents, Heze Huayi and Kangtai.\7\
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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; 2015, 82 FR 57209 (December 4, 2017) and accompanying Issues 
and Decision Memorandum (Preliminary Results).
    \3\ Bio-Lab, Inc., Clearon Corporation, and Occidental Chemical 
Corporation (collectively, ``the petitioners'').
    \4\ Heze Huayi Chemical Co., Ltd. (Heze Huayi).
    \5\ Juancheng Kangtai Chemical Co., Ltd. (Kangtai).
    \6\ See Petitioners' Letter, ``Case Brief of Bio-Lab, Inc., 
Clearon Corp. and Occidental Chemical Corporation,'' dated January 
16, 2018; GOC's Letter, ``GOC Administrative Case Brief: Second 
Administrative Review of the Countervailing Duty Order on 
Chlorinated Isocyanurates from the People's Republic of China (C-
570-991),'' dated January 16, 2018; and Heze Huayi and Kangtai's 
Letter, ``Chlorinated Isocyanurates from the People's Republic of 
China: Case Brief,'' dated January 16, 2018.
    \7\ See Petitioners' Letter, ``Rebuttal Brief of Bio-Lab, Inc., 
Clearon Corp. and Occidental Chemical Corporation.'' dated January 
29, 2018; GOC's Letter, ``GOC Administrative Rebuttal Brief: Second 
Administrative Review of the Countervailing Duty Order on 
Chlorinated Isocyanurates from the People's Republic of China (C-
570-991),'' dated January 29, 2018; Heze Huayi and Kangtai's Letter, 
``Chlorinated Isocyanurates from the People's Republic of China: 
Rebuttal Brief,'' dated January 29, 2018.
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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.\8\ 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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    \8\ 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 listed in the Appendix 
to this notice and addressed in the Issues and Decision Memorandum. 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 Commerce 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 a change to Heze Huayi's countervailable subsidy 
rate to account for transpositional errors made in Heze Huayi's 
calculations. We made no changes from the Preliminary Results.

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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Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we determine the following 
net subsidy rates for the 2015 administrative review:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd..............................       25.19
Heze Huayi Chemical Co., Ltd................................        2.84
Juancheng Kangtai Chemical Co., Ltd.........................        1.53
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to U.S.

[[Page 26955]]

Customs and Border Protection (CBP) 15 days after the date of 
publication of these final results of review, to liquidate shipments of 
subject merchandise produced and/or exported by the companies listed 
above, entered, or withdrawn from warehouse, for consumption on or 
after January 1, 2015, through December 31, 2015, at the ad valorem 
rates listed above.

Cash Deposit Instructions

    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. 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 final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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
VI. Subsidies Valuation Information
VII. Benchmarks
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Programs Determined to Be Countervailable
X. Programs Determined Not to Confer Measurable Benefits
XI. Programs Determined Not to Be Used During the POR
XII. Analysis of Comments
XIII. Conclusion

[FR Doc. 2018-12483 Filed 6-8-18; 8:45 am]
 BILLING CODE 3510-DS-P

26954 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices Dated: June 4, 2018. from China.1 On December 4, 2017, Decision Memorandum is a public Gary Taverman, Commerce published the Preliminary document and is on file electronically Deputy Assistant Secretary for Antidumping Results of this administrative review in via Enforcement and Compliance’s and Countervailing Duty Operations, the Federal Register.2 We invited Antidumping and Countervailing Duty performing the non-exclusive functions and interested parties to comment on the Centralized Electronic Service System duties of the Assistant Secretary for Preliminary Results. On January 16, (ACCESS). ACCESS is available to Enforcement and Compliance. 2018, we received case briefs from the registered users at http:// Appendix—List of Topics Discussed in petitioners,3 the Government of China access.trade.gov and in the Central the Preliminary Decision Memorandum (GOC), and from the mandatory Records Unit, Room B8024 of the main respondents, Heze Huayi 4 and Commerce building. In addition, a 1. Summary Kangtai.5 6 On January 29, 2018, we complete version of the Issues and 2. Background received rebuttal briefs from the 3. Scope of the Order Decision Memorandum can be accessed 4. Particular Market Situation petitioners, the GOC, and from the directly at http://enforcement.trade.gov/ 5. Preliminary Determination of No mandatory respondents, Heze Huayi frn. The signed Issues and Decision Shipments and Kangtai.7 Memorandum and the electronic 6. Comparisons to Normal Value Scope of the Order version of the Issues and Decision 7. Product Comparisons Memorandum are identical in content. 8. Date of Sale The products covered by the order are 9. Export Price chloro isos, which are derivatives are Changes Since the Preliminary Results 10. Normal Value cyanuric acid, described as chlorinated Based on case briefs, rebuttal briefs, 11. Currency Conversion s-triazine triones.8 Chloro isos are and all supporting documentation, we 12. Recommendation currently classifiable under subheadings made a change to Heze Huayi’s [FR Doc. 2018–12480 Filed 6–8–18; 8:45 am] 2933.69.6015, 2933.69.6021, countervailable subsidy rate to account BILLING CODE 3510–DS–P 2933.69.6050, 3808.50.4000, for transpositional errors made in Heze 3808.94.5000, and 3808.99.9500 of the Huayi’s calculations. We made no Harmonized Tariff Schedule of the changes from the Preliminary Results. DEPARTMENT OF COMMERCE United States (HTSUS). The HTSUS subheadings are provided for Methodology International Trade Administration convenience and customs purposes; the The Department conducted this written product description of the scope review in accordance with section [C–570–991] of the order is dispositive. 751(a)(1)(A) of the Tariff Act of 1930, as Analysis of Comments Received amended (the Act). For each of the Chlorinated Isocyanurates From the subsidy programs found People’s Republic of China: Final All issues raised in the parties’ briefs countervailable, we find that there is a Results of Countervailing Duty are listed in the Appendix to this notice subsidy, i.e., a government-provided Administrative Review; 2015 and addressed in the Issues and financial contribution that gives rise to Decision Memorandum. The Issues and a benefit to the recipient, and that the AGENCY: Enforcement and Compliance, International Trade Administration, 1 See Chlorinated Isocyanurates from the People’s subsidy is specific.9 The Issues and Department of Commerce. Republic of China: Countervailing Duty Order, 79 Decision Memorandum contains a full FR 67424 (November 13, 2014). description of the methodology SUMMARY: The U.S. Department of 2 See Chlorinated Isocyanurates from the People’s underlying the Department’s Commerce (Commerce) has completed Republic of China: Preliminary Results of conclusions, including any its administrative review of the Countervailing Duty Administrative Review; 2015, determination that relied upon the use countervailing duty (CVD) order on 82 FR 57209 (December 4, 2017) and accompanying of adverse facts available pursuant to (chloro isos) from the People’s Republic Issues and Decision Memorandum (Preliminary Results). sections 776(a) and (b) of the Act. of China (China) for the January 1, 2015, 3 Bio-Lab, Inc., Clearon Corporation, and through December 31, 2015, period of Occidental Chemical Corporation (collectively, ‘‘the Final Results of Review review (POR), and determines that petitioners’’). In accordance with 19 CFR 4 Heze Huayi Chemical Co., Ltd. (Heze Huayi). countervailable subsidies are being 351.221(b)(5), we determine the 5 Juancheng Kangtai Chemical Co., Ltd. (Kangtai). provided to producers and exporters of 6 See Petitioners’ Letter, ‘‘Case Brief of Bio-Lab, following net subsidy rates for the 2015 chloro isos. The final net subsidy rates Inc., Clearon Corp. and Occidental Chemical administrative review: are listed below in ‘‘Final Results of Corporation,’’ dated January 16, 2018; GOC’s Letter, Administrative Review.’’ ‘‘GOC Administrative Case Brief: Second Subsidy Administrative Review of the Countervailing Duty Company rate DATES: Applicable June 11, 2018. Order on Chlorinated Isocyanurates from the (percent) FOR FURTHER INFORMATION CONTACT: People’s Republic of China (C–570–991),’’ dated Christian Llinas or Omar Qureshi, AD/ January 16, 2018; and Heze Huayi and Kangtai’s Hebei Jiheng Chemical Co., Ltd 25.19 Letter, ‘‘Chlorinated Isocyanurates from the CVD Operations, Office V, Enforcement People’s Republic of China: Case Brief,’’ dated Heze Huayi Chemical Co., Ltd ... 2.84 and Compliance, International Trade January 16, 2018. Juancheng Kangtai Chemical Administration, U.S. Department of 7 See Petitioners’ Letter, ‘‘Rebuttal Brief of Bio- Co., Ltd ................................... 1.53 Commerce, 1401 Constitution Avenue Lab, Inc., Clearon Corp. and Occidental Chemical Corporation.’’ dated January 29, 2018; GOC’s Letter, Assessment Rates NW, Washington, DC 20230; telephone ‘‘GOC Administrative Rebuttal Brief: Second 202.482.4877 or 202.482.5307, daltland on DSKBBV9HB2PROD with NOTICES Administrative Review of the Countervailing Duty In accordance with 19 CFR respectively. Order on Chlorinated Isocyanurates from the 351.212(b)(2), Commerce intends to People’s Republic of China (C–570–991),’’ dated SUPPLEMENTARY INFORMATION: January 29, 2018; Heze Huayi and Kangtai’s Letter, issue assessment instructions to U.S. ‘‘Chlorinated Isocyanurates from the People’s Background Republic of China: Rebuttal Brief,’’ dated January 9 See sections 771(5)(B) and (D) of the Act 29, 2018. regarding financial contribution; section 771(5)(E) On November 13, 2014, Commerce 8 For a complete description of the Scope of the of the Act regarding benefit; and section 771(5A) of published the CVD Order on chloro isos Order, see Preliminary Results. the Act regarding specificity. VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1

Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices 26955 Customs and Border Protection (CBP) 15 DEPARTMENT OF COMMERCE notice of initiation of an administrative days after the date of publication of review of the antidumping duty order these final results of review, to liquidate International Trade Administration on certain nickel-plated, flat-rolled steel shipments of subject merchandise [A–588–869] from Japan with respect to both Toyo produced and/or exported by the Kohan and NSSMC.4 companies listed above, entered, or Diffusion-Annealed, Nickel-Plated Flat- Commerce exercised its discretion to withdrawn from warehouse, for Rolled Steel Products From Japan: toll all deadlines affected by the closure consumption on or after January 1, Preliminary Results of Antidumping of the Federal Government from January 2015, through December 31, 2015, at the Duty Administrative Review; 2016– 20 through 22, 2018. The revised ad valorem rates listed above. 2017 deadline for the preliminary results of this review is June 4, 2018.5 Cash Deposit Instructions AGENCY: Enforcement and Compliance, International Trade Administration, Scope of the Order In accordance with section 751(a)(1) Department of Commerce. The diffusion-annealed, nickel-plated of the Act, Commerce intends to instruct SUMMARY: The Department of Commerce flat-rolled steel products included in CBP to collect cash deposits of estimated countervailing duties in the (Commerce) preliminarily determines this order are flat-rolled, cold-reduced amounts shown for each of the that sales of subject merchandise by steel products, regardless of chemistry; respective companies listed above. Toyo Kohan Co., Ltd. (Toyo Kohan) and whether or not in coils; either plated or Nippon Steel & Sumitomo Metals coated with nickel or nickel-based These cash deposit requirements, when Corporation (NSSMC) were made at less alloys and subsequently annealed (i.e., imposed, shall remain in effect until than normal value during the period of ‘‘diffusion-annealed’’); whether or not further notice. review (POR) May 1, 2016, through painted, varnished or coated with Administrative Protective Orders April 30, 2017. Interested parties are plastics or other metallic or nonmetallic invited to comment on these substances; and less than or equal to 2.0 This notice also serves as a reminder preliminary results. to parties subject to administrative mm in nominal thickness. For purposes DATES: Applicable June 11, 2018. of this order, ‘‘nickel-based alloys’’ protective order (APO) of their responsibility concerning the FOR FURTHER INFORMATION CONTACT: include all nickel alloys with other destruction of proprietary information Moses Song, AD/CVD Operations, Office metals in which nickel accounts for at disclosed under APO in accordance VI, Enforcement and Compliance, least 80 percent of the alloy by volume. International Trade Administration, Imports of merchandise included in with 19 CFR 351.305(a)(3). Timely U.S. Department of Commerce, 1401 the scope of this order are classified written notification of the return or Constitution Avenue NW, Washington, primarily under Harmonized Tariff destruction of APO materials or DC 20230; telephone: (202) 482–5041. Schedule of the United States (HTSUS) conversion to judicial protective order is SUPPLEMENTARY INFORMATION: subheadings 7212.50.0000 and hereby requested. Failure to comply 7210.90.6000, but may also be classified with the regulations and terms of an Background under HTSUS subheadings APO is a sanctionable violation. On May 1, 2017, Commerce published 7210.70.6090, 7212.40.1000, We are issuing and publishing these a notice of opportunity to request an 7212.40.5000, 7219.90.0020, final results in accordance with sections administrative review of the 7219.90.0025, 7219.90.0060, 751(a)(1) and 777(i)(1) of the Act. antidumping duty order on certain 7219.90.0080, 7220.90.0010, Dated: June 5, 2018. nickel-plated, flat-rolled steel from 7220.90.0015, 7225.99.0090, or Gary Taverman, Japan.1 On May 22, 2017, Toyo Kohan 7226.99.0180. The foregoing HTSUS Deputy Assistant Secretary for Antidumping requested that Commerce conduct an subheadings are provided only for and Countervailing Duty Operations, administrative review of its sales to the convenience and customs purposes. The performing the non-exclusive functions and United States during the POR.2 On May written description of the scope of this duties of the Assistant Secretary for 30, 2017, the petitioner, Thomas Steel order is dispositive. Enforcement and Compliance. Strip Corporation (Thomas Steel or the petitioner), requested that Commerce Methodology Appendix conduct administrative reviews of Toyo Commerce is conducting this review List of Topics Discussed in the Final Kohan and Nippon Steel & Sumitomo in accordance with section 751(a)(2) of Decision Memorandum Metal Corporation (NSSMC).3 On July 6, the Act. For Toyo Kohan, export price I. Summary 2017, in response to these timely is calculated in accordance with section II. Background requests, and in accordance with section 772 of the Act. Normal value is III. List of Interested Party Comments 751(a) of the Tariff Act of 1930, as calculated in accordance with section IV. Scope of the Order 773 of the Act. For a full description of amended (the Act) and 19 CFR V. Changes Since the Preliminary Results 351.221(c)(1)(i), Commerce published a the methodology underlying our VI. Subsidies Valuation Information VII. Benchmarks conclusions, see the memorandum from 1 See Antidumping or Countervailing Duty Order, VIII. Use of Facts Otherwise Available and Adverse Inferences Finding, or Suspended Investigation; Opportunity 4 See Initiation of Antidumping and to Request Administrative Review, 82 FR 20315 Countervailing Duty Administrative Reviews, 82 FR IX. Programs Determined to Be (May 1, 2017). 31292, 31294 (July 6, 2017) (Initiation Notice). Countervailable 2 See Letter from Toyo Kohan to Commerce 5 See Memorandum for The Record from X. Programs Determined Not to Confer daltland on DSKBBV9HB2PROD with NOTICES regarding ‘‘Toyo Kohan’s Request for Antidumping Christian Marsh, Deputy Assistant Secretary for Measurable Benefits Administrative Review, Diffusion-Annealed Nickel- Enforcement and Compliance, performing the non- XI. Programs Determined Not to Be Used Plated Flat-Rolled Steel Products from Japan,’’ exclusive functions and duties of the Assistant During the POR dated May 22, 2017. Secretary for Enforcement and Compliance, XII. Analysis of Comments 3 See Letter from Thomas Steel to Commerce ‘‘Deadlines Affected by the Shutdown of the XIII. Conclusion regarding ‘‘Diffusion-Annealed Nickel-Plated Flat- Federal Government’’ (Tolling Memorandum), Rolled Steel from Japan: Request for Third dated January 23, 2018. All deadlines in this [FR Doc. 2018–12483 Filed 6–8–18; 8:45 am] Administrative Review of Antidumping Order,’’ segment of the proceeding have been extended by BILLING CODE 3510–DS–P dated May 30, 2017. 3 days. VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1


Document Created: 2018-11-02 11:59:27
Document Modified: 2018-11-02 11:59:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable June 11, 2018.
ContactChristian Llinas or Omar Qureshi, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone 202.482.4877 or 202.482.5307, respectively.
FR Citation83 FR 26954 
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