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)

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, 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)
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Hebei Jiheng Chemical Co., Ltd..............................       25.19
Heze Huayi Chemical Co., Ltd................................        2.84
Juancheng Kangtai Chemical Co., Ltd.........................        1.53
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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