83 FR 63159 - Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 235 (December 7, 2018)

Page Range		63159-63160
FR Document		2018-26551

The Department of Commerce (Commerce) preliminarily finds that countervailable subsidies are being provided to producers and exporters of chlorinated isocyanurates (chloro isos) from the People's Republic of China (China) for the period of review (POR) January 1, 2016, through December 31, 2016. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 83 Issue 235 (Friday, December 7, 2018)

[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63159-63160]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-26551]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-991]

Chlorinated Isocyanurates From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review; 2016

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
countervailable subsidies are being provided to producers and exporters
of chlorinated isocyanurates (chloro isos) from the People's Republic
of China (China) for the period of review (POR) January 1, 2016,
through December 31, 2016. Interested parties are invited to comment on
these preliminary results.

DATES: Applicable December 7, 2018.

FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Susan Pulongbarit, 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-
4031, respectively.

SUPPLEMENTARY INFORMATION:

Background

Commerce published the notice of initiation of this administrative
review on January 11, 2018.\1\ This review covers two producer/
exporters: (1) Heze Huayi Chemical Co., Ltd. (Huayi); and (2) Juancheng
Kangtai Chemical Co. Ltd. (Kangtai). Commerce postponed the preliminary
results of this administrative review and the revised deadline is now
November 30, 2018.\2\ For a complete description of the events that
followed the initiation of this administrative review, see Preliminary
Decision Memorandum.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329 (January 11, 2018).
\2\ See Memorandum, ``Chlorinated Isocyanurates from the
People's Republic of China: Extension of Deadline for Preliminary
Results of Third Countervailing Duty Administrative Review,'' dated
August 2, 2018; see also Memorandum, ``Chlorinated Isocyanurates
from the People's Republic of China: Extension of Deadline for
Preliminary Results of Third Countervailing Duty Administrative
Review,'' dated October 11, 2018.
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Countervailing Duty Administrative Review: Chlorinated
Isocyanurates from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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.\4\ 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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\4\ For a complete description of the Scope of the Order, see
Countervailing Duty Administrative Review of Chlorinated
Isocyanurates from the People's Republic of China: Decision
Memorandum for the Preliminary Results, published concurrently with
this notice.
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Methodology

On November 13, 2014, Commerce published in the Federal Register a
countervailing duty (CVD) order on chloro isos from China.\5\ Commerce
is conducting this administrative 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 preliminarily find
that there is a subsidy, i.e., a financial contribution from an
``authority'' that gives rise to a benefit to the recipient, and that
the subsidy is specific.\6\ In making this preliminary finding,
Commerce relied, in part, on facts otherwise available, with the
application of adverse

[[Page 63160]]

inferences.\7\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the accompanying Preliminary
Decision Memorandum. 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.\8\ 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 is available 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.
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\5\ See Chlorinated Isocyanurates from the People's Republic of
China: Countervailing Duty Order, 79 FR 67424 (November 13, 2014).
\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.
\7\ See section 776(a) of the Act.
\8\ A list of topics discussed in the Preliminary Decision
Memorandum can be found at the Appendix to this notice.
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Preliminary Results of Review

As a result of this review, we preliminarily determine that the
following estimated countervailable subsidy rates exist.

------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd................................ 1.71
Juancheng Kangtai Chemical Co., Ltd......................... 1.54
------------------------------------------------------------------------

Disclosure and Public Comment

Commerce intends to disclose its calculations and analysis
performed to interested parties in these preliminary results within
five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b). 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 of review. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\9\ 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.
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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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 the 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 producer/
exporters shown above. Upon issuance of the final results, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, CVDs 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 CVDs, in the
amounts shown above for each of the respective companies shown above,
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.
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: November 30, 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Application of CVD Law to Imports From China
IV. Subsidies Valuation
V. Benchmarks
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Disclosure and Public Comment
IX. Conclusion

[FR Doc. 2018-26551 Filed 12-6-18; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices 63159

of this review and for future deposits of Dated: November 29, 2018. (Kangtai). Commerce postponed the
estimated duties, where applicable. Gary Taverman, preliminary results of this
Deputy Assistant Secretary for Antidumping administrative review and the revised
Cash Deposit Requirements and Countervailing Duty Operations, deadline is now November 30, 2018.2
performing the non-exclusive functions and For a complete description of the events
The following deposit requirements duties of the Assistant Secretary for
will be effective upon publication of the that followed the initiation of this
Enforcement and Compliance.
final results for all shipments of PET administrative review, see Preliminary
Film from the UAE entered, or Appendix—List of Topics Discussed in Decision Memorandum.3
withdrawn from warehouse, for the Preliminary Decision Memorandum
Scope of the Order
consumption on or after the date of 1. Summary
publication of the final results of this 2. Background The products covered by the order are
administrative review, as provided for 3. Scope of the Order chloro isos, which are derivatives are
4. Date of Sale cyanuric acid, described as chlorinated
by section 751(a)(2)(C) of the Act: (1)
5. Discussion of Methodology s-triazine triones.4 Chloro isos are
The cash deposit rate for the companies 6. Product Comparisons
under review will be the rate 7. Export Price/Constructed Export Price
currently classifiable under subheadings
established in the final results of this 8. Normal Value 2933.69.6015, 2933.69.6021,
review (except, if the rate is zero or de 9. Currency Conversions 2933.69.6050, 3808.50.4000,
minimis, no cash deposit will be 10. Conclusion 3808.94.5000, and 3808.99.9500 of the
required); (2) for previously reviewed or [FR Doc. 2018–26545 Filed 12–6–18; 8:45 am] Harmonized Tariff Schedule of the
investigated companies not listed above, BILLING CODE 3510–DS–P
United States (HTSUS). The HTSUS
the cash deposit rate will continue to be subheadings are provided for
the company-specific rate published for convenience and customs purposes; the
the most recent period; (3) if the DEPARTMENT OF COMMERCE written product description of the scope
of the order is dispositive.
exporter is not a firm covered in this
International Trade Administration
review, a prior review, or the less-than- Methodology
fair-value investigation, but the [C–570–991]
manufacturer is, the cash deposit rate On November 13, 2014, Commerce
will be the rate established for the most Chlorinated Isocyanurates From the published in the Federal Register a
People’s Republic of China: countervailing duty (CVD) order on
recent period for the manufacturer of
Preliminary Results of Countervailing chloro isos from China.5 Commerce is
the merchandise; and (4) the cash
Duty Administrative Review; 2016 conducting this administrative review
deposit rate for all other manufacturers
or exporters will continue to be 4.05 AGENCY: Enforcement and Compliance, in accordance with section 751(a)(1)(A)
International Trade Administration, of the Tariff Act of 1930, as amended
percent, the all-others rate established
Department of Commerce. (the Act). For each of the subsidy
in the investigation.9 These cash deposit
programs found countervailable, we
requirements, when imposed, shall SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that preliminarily find that there is a
remain in effect until further notice.
countervailable subsidies are being subsidy, i.e., a financial contribution
Notification to Importers provided to producers and exporters of from an ‘‘authority’’ that gives rise to a
chlorinated isocyanurates (chloro isos) benefit to the recipient, and that the
This notice also serves as a subsidy is specific.6 In making this
from the People’s Republic of China
preliminary reminder to importers of preliminary finding, Commerce relied,
(China) for the period of review (POR)
their responsibility under 19 CFR in part, on facts otherwise available,
January 1, 2016, through December 31,
351.402(f) to file a certificate regarding with the application of adverse
2016. Interested parties are invited to
the reimbursement of antidumping comment on these preliminary results.
duties prior to liquidation of the 2 See Memorandum, ‘‘Chlorinated Isocyanurates
DATES: Applicable December 7, 2018.
relevant entries during this review from the People’s Republic of China: Extension of
FOR FURTHER INFORMATION CONTACT: Deadline for Preliminary Results of Third
period. Failure to comply with this
Omar Qureshi or Susan Pulongbarit, Countervailing Duty Administrative Review,’’ dated
requirement could result in Commerce’s August 2, 2018; see also Memorandum,
AD/CVD Operations, Office V,
presumption that reimbursement of ‘‘Chlorinated Isocyanurates from the People’s
Enforcement and Compliance, Republic of China: Extension of Deadline for
antidumping duties occurred and the International Trade Administration, Preliminary Results of Third Countervailing Duty
subsequent assessment of double U.S. Department of Commerce, 1401 Administrative Review,’’ dated October 11, 2018.
antidumping duties. Constitution Avenue NW, Washington, 3 See Memorandum, ‘‘Decision Memorandum for

Preliminary Results of Countervailing Duty
These preliminary results of DC 20230; telephone (202) 482–5307 or Administrative Review: Chlorinated Isocyanurates
administrative review are issued and (202) 482–4031, respectively. from the People’s Republic of China,’’ dated
published in accordance with sections SUPPLEMENTARY INFORMATION: concurrently with, and hereby adopted by, this
751(a)(1) and 777(i)(1) of the Act, and 19 notice (Preliminary Decision Memorandum).
Background 4 For a complete description of the Scope of the
CFR 351.213(h)(1). Order, see Countervailing Duty Administrative
Commerce published the notice of Review of Chlorinated Isocyanurates from the
initiation of this administrative review People’s Republic of China: Decision Memorandum
on January 11, 2018.1 This review for the Preliminary Results, published concurrently
amozie on DSK3GDR082PROD with NOTICES

covers two producer/exporters: (1) Heze with this notice.
5 See Chlorinated Isocyanurates from the People’s
9 See Polyethylene Terephthalate Film, Sheet, and Huayi Chemical Co., Ltd. (Huayi); and Republic of China: Countervailing Duty Order, 79
Strip from Brazil, the People’s Republic of China (2) Juancheng Kangtai Chemical Co. Ltd. FR 67424 (November 13, 2014).
and the United Arab Emirates: Antidumping Duty 6 See sections 771(5)(B) and (D) of the Act
Orders and Amended Final Determination of Sales 1 See Initiation of Antidumping and regarding financial contribution; section 771(5)(E)
at Less Than Fair Value for the United Arab Countervailing Duty Administrative Reviews, 83 FR of the Act regarding benefit; and section 771(5A) of
Emirates, 73 FR 66595, 66597 (November 10, 2008). 1329 (January 11, 2018). the Act regarding specificity.

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63160 Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices

inferences.7 For further information, see this review are encouraged to submit These preliminary results are issued
‘‘Use of Facts Otherwise Available and with each argument: (1) A statement of and published in accordance with
Adverse Inferences’’ in the the issue; (2) a brief summary of the sections 751(a)(1) and 777(i)(1) of the
accompanying Preliminary Decision argument; and (3) a table of authorities. Act, and 19 CFR 351.221(b)(4).
Memorandum. For a full description of Pursuant to 19 CFR 351.310(c), Dated: November 30, 2018.
the methodology underlying our interested parties who wish to request a Gary Taverman,
preliminary conclusions, including our hearing, limited to issues raised in the Deputy Assistant Secretary, for Antidumping
reliance, in part, on adverse facts case and rebuttal briefs, must submit a and Countervailing Duty Operations,
available pursuant to sections 776(a) written request to the Assistant performing the non-exclusive functions and
and (b) of the Act, see the Preliminary Secretary for Enforcement and duties of the Assistant Secretary for
Decision Memorandum.8 The Compliance, U.S. Department of Enforcement and Compliance.
Preliminary Decision Memorandum is a Commerce within 30 days after the date
public document and is on file Appendix
of publication of this notice. Requests
electronically via Enforcement and should contain the party’s name, List of Topics Discussed in the Preliminary
Compliance’s Antidumping and address, and telephone number, the Decision Memorandum
Countervailing Duty Centralized number of participants, whether any
Electronic Service System (ACCESS). I. Summary
participant is a foreign national, and a II. Background
ACCESS is available to registered users list of the issues to be discussed. If a III. Application of CVD Law to Imports From
at http://access.trade.gov, and is request for a hearing is made, Commerce China
available to all parties in the Central intends to hold the hearing at the U.S. IV. Subsidies Valuation
Records Unit, Room B8024 of the main Department of Commerce, 1401 V. Benchmarks
Commerce building. In addition, a Constitution Avenue NW, Washington, VI. Use of Facts Otherwise Available and
complete version of the Preliminary DC 20230, at a time and date to be Adverse Inferences
Decision Memorandum can be accessed determined. Parties should confirm by VII. Analysis of Programs
directly at http://enforcement.trade.gov/ VIII. Disclosure and Public Comment
telephone the date, time, and location of IX. Conclusion
frn/. The signed and electronic versions the hearing two days before the
of the Preliminary Decision scheduled date. [FR Doc. 2018–26551 Filed 12–6–18; 8:45 am]
Memorandum are identical in content. Unless the deadline is extended BILLING CODE 3510–DS–P

Preliminary Results of Review pursuant to section 751(a)(3)(A) of the
Act, we intend to issue the final results
As a result of this review, we DEPARTMENT OF EDUCATION
of this administrative review, including
preliminarily determine that the
the results of our analysis of the issues [Docket No.: ED–2018–ICCD–0128]
following estimated countervailable
raised by the parties in their comments,
subsidy rates exist.
within 120 days after issuance of these Agency Information Collection
Subsidy preliminary results. Activities; Comment Request; Federal
Company rate Assessment Rates and Cash Deposit Student Aid (FSA) Feedback System
(percent)
Requirement AGENCY: Federal Student Aid (FSA),
Heze Huayi Chemical Co., Ltd ... 1.71 In accordance with 19 CFR Department of Education (ED).
Juancheng Kangtai Chemical 351.221(b)(4)(i), we preliminarily ACTION: Notice.
Co., Ltd ................................... 1.54
assigned subsidy rates in the amounts
shown above for the producer/exporters SUMMARY: In accordance with the
Disclosure and Public Comment shown above. Upon issuance of the final Paperwork Reduction Act of 1995, ED is
Commerce intends to disclose its results, Commerce shall determine, and proposing an extension of an existing
calculations and analysis performed to U.S. Customs and Border Protection information collection.
interested parties in these preliminary (CBP) shall assess, CVDs on all DATES: Interested persons are invited to
results within five days of its public appropriate entries covered by this submit comments on or before February
announcement, or if there is no public review. We intend to issue instructions 5, 2019.
announcement, within five days of the to CBP 15 days after publication of the ADDRESSES: To access and review all the
date of this notice in accordance with 19 final results of review. documents related to the information
CFR 351.224(b). Case briefs or other Pursuant to section 751(a)(2)(C) of the collection listed in this notice, please
written comments may be submitted to Act, Commerce also intends to instruct use http://www.regulations.gov by
the Assistant Secretary for Enforcement CBP to collect cash deposits of searching the Docket ID number ED–
and Compliance no later than 30 days estimated CVDs, in the amounts shown 2018–ICCD–0128. Comments submitted
after the date of publication of the above for each of the respective in response to this notice should be
preliminary results of review. Rebuttal companies shown above, on shipments submitted electronically through the
briefs, limited to issues raised in case of subject merchandise entered, or Federal eRulemaking Portal at http://
briefs, may be submitted no later than withdrawn from warehouse, for www.regulations.gov by selecting the
five days after the deadline date for case consumption on or after the date of Docket ID number or via postal mail,
briefs.9 Pursuant to 19 CFR publication of the final results of this commercial delivery, or hand delivery.
351.309(c)(2) and (d)(2), parties who review. For all non-reviewed firms, we Please note that comments submitted by
amozie on DSK3GDR082PROD with NOTICES

submit case briefs or rebuttal briefs in will instruct CBP to continue to collect fax or email and those submitted after
cash deposits at the most-recent the comment period will not be
7 See section 776(a) of the Act. company-specific or all-others rate accepted. Written requests for
8A list of topics discussed in the Preliminary applicable to the company, as information or comments submitted by
Decision Memorandum can be found at the
Appendix to this notice. appropriate. These cash deposit postal mail or delivery should be
9 See 19 CFR 351.309; see also 19 CFR 351.303 requirements, when imposed, shall addressed to the Director of the
(for general filing requirements). remain in effect until further notice. Information Collection Clearance

VerDate Sep<11>2014 16:56 Dec 06, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1

Document Created: 2018-12-07 01:53:06
Document Modified: 2018-12-07 01:53:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable December 7, 2018.
Contact		Omar Qureshi or Susan Pulongbarit, 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- 4031, respectively.
FR Citation		83 FR 63159

83 FR 63159 - Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2016

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 235 (December 7, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration