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Notice

Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Partial Rescission; 2022

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Document Details

Document Number2024-29324
TypeNotice
PublishedDec 13, 2024
Effective Date-
RIN-
Docket IDC-570-991
Text FetchedYes

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<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[C-570-991]</DEPDOC> <SUBJECT>Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Partial Rescission; 2022</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies are being provided to producers and exporters of chlorinated isocyanurates (chlorinated isos) from the People's Republic of China (China) during the period of review (POR), January 1, 2022, through December 31, 2022. Interested parties are invited to comment on these preliminary results. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable December 13, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Sun Cho, 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) 482-6458. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On November 13, 2014, Commerce published the countervailing duty order on chlorinated isos from China in the <E T="04">Federal Register</E> . <SU>1</SU> <FTREF/> On December 29, 2023, Commerce published a notice of initiation of an administrative review of the <E T="03">Order.</E> <SU>2</SU> <FTREF/> On July 2, 2024, Commerce extended the time period for issuing these preliminary results by 120 days, until November 29, 2024, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act). <SU>3</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in this administrative review by seven days. <SU>4</SU> <FTREF/> The deadline for these preliminary results is now December 6, 2024. <FTNT> <SU>1</SU>   <E T="03">See Chlorinated Isocyanurates from the People's Republic of China: Countervailing Duty Order,</E> 79 FR 67424 (November 13, 2014) ( <E T="03">Order</E> ). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E> 88 FR 90168 (December 29, 2023). </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,” dated July 2, 2024. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> For a complete description of the events that followed the initiation of this review, <E T="03">see</E> the Preliminary Decision Memorandum. <SU>5</SU> <FTREF/> A list of topics discussed in the Preliminary Decision Memorandum is included as an appendix to this notice. 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <FTNT> <SU>5</SU>   <E T="03">See</E> Memorandum, “Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Chlorinated Isocyanurates from the People's Republic of China; 2022,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The products covered by the <E T="03">Order</E> are chlorinated isos from China. For a complete description of the scope of the <E T="03">Order, see</E> the Preliminary Decision Memorandum. <HD SOURCE="HD1">Partial Rescission of Administrative Review</HD> Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no reviewable suspended entries. Based on our analysis of U.S. Customs and Border Protection (CBP) information, we preliminarily determine that: (1) Hebei Fuhui Water Treatment Co., Ltd.; (2) Henan Sinowin Chemical Industry Co., Ltd.; (3) Linhai Limin Chemicals Co., Ltd.; (4) Puyang Cleanway Chemicals Ltd.; (5) Qingdao Fortune Logistics Co., Ltd.; (6) Shandong Dongyue Chemical Co., Ltd.; (7) Shandong Taihe Chemicals Co., Ltd.; (8) Shanghai Special Logistics Co., Ltd.; (9) Shanghai Tianxiang Logistics Co., Ltd.; and (10) Topdan Industries Co., Limited had no entries of subject merchandise during the POR. On February 14, 2024, we notified parties that we intended to rescind this administrative review with respect to these companies. <SU>6</SU> <FTREF/> No parties commented on the notification of intent to rescind the review, in part. We are, therefore, rescinding the administrative review of these companies. For additional information regarding this determination, <E T="03">see</E> the Preliminary Decision Memorandum. <FTNT> <SU>6</SU>   <E T="03">See</E> Memorandum, “Notice of Intent to Rescind Review, in Part,” dated February 14, 2024; and Memorandum, “Correction to Intent to Rescind Memorandum,” dated November 4, 2024 (Correction to Intent to Rescind Memorandum). </FTNT> <HD SOURCE="HD1">Methodology</HD> Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, <E T="03">i.e.,</E> a financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. <SU>7</SU> <FTREF/> <FTNT> <SU>7</SU>   <E T="03">See</E> 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. </FTNT> Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that the Government of China did not act to the best of its ability to respond to Commerce's requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available. <SU>8</SU> <FTREF/> For further information, <E T="03">see</E> the Preliminary Decision Memorandum at the section titled, “Use of Facts Otherwise Available and Adverse Inferences.” <FTNT> <SU>8</SU>   <E T="03">See</E> sections 776(a) and (b) of the Act. </FTNT> <HD SOURCE="HD1">Preliminary Results of Review</HD> For the period January 1, 2022, through December 31, 2022, we preliminarily find that the following net subsidy rates exist: <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s25,12"> <TTITLE> </TTITLE> <CHED H="1">Company</CHED> <CHED H="1"> Subsidy rate (percent <E T="03">ad valorem</E> <ENT I="01">Heze Huayi Chemical Co., Ltd</ENT> <ENT>4.53</ENT> </ROW> <ROW> <ENT I="01">Juancheng Kangtai Chemical Co., Ltd</ENT> <ENT>3.58</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">Disclosure</HD> We will disclose to parties to this proceeding the calculations performed for these preliminary results within five days of the date of publication of these preliminary results in accordance with 19 CFR 351.224(b). <HD SOURCE="HD1">Public Comment</HD> Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs. <SU>9</SU> <FTREF/> Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; and (2) a table of authorities. <SU>10</SU> <FTREF/> As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. <SU>11</SU> <FTREF/> Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). <SU>12</SU> <FTREF/> <FTNT> <SU>9</SU>   <E T="03">See</E> 19 CFR 351.309(d); <E T="03">see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,</E> 88 FR 67069, 67077 (September 29, 2023) ( <E T="03">APO and Final Service Rule</E> ). </FTNT> <FTNT> <SU>10</SU>   <E T="03">See</E> 19 CFR 351.309(c)(2) and (d)(2). </FTNT> <FTNT> <SU>11</SU>  We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. </FTNT> <FTNT> <SU>12</SU>   <E T="03">See APO and Final Service Rule.</E> </FTNT> Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department o ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 15k characters. 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