90 FR 1 pgs. 81-84 - Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2023-2024
Type: NOTICEVolume: 90Number: 1Pages: 81 - 84
Pages: 81, 82, 83, 84Docket number: [A-570-122]
FR document: [FR Doc. 2024-31484 Filed 12-31-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-122]
Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2023-2024
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that the companies under review sold certain corrosion inhibitors (corrosion inhibitors) at prices below normal value (NV) during the period of review (POR) March 1, 2023, through February 29, 2024. Further, Commerce is rescinding this review with respect to one company. Commerce invites interested parties to comment on the preliminary results of this review.
DATES:
Applicable January 2, 2025.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom or Blair Hood, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5075 or (202) 482-8329, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2021, Commerce published in the Federal Register the antidumping duty (AD) order on certain corrosion inhibitors from the People's Republic of China (China). 1 On March 2, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order. 2 On May 8, 2024, based on timely requests for an administrative review, Commerce initiated this administrative review of the Order. 3 This administrative review covers 10 companies, including two mandatory respondents, Anhui Trust Chem Co., Ltd. (ATC) and Nantong Botao Chemical Co., Ltd. (Botao)? 4 On August 8, 2024, Commerce tolled certain deadlines in this administrative review by seven days. 5 On November 21, 2024, Commerce extended the deadline for issuing the preliminary results of this review until December 23, 2024. 6 On December 9, 2024, Commerce tolled the deadline to issue the preliminary results in this administrative review by 90 days. Accordingly, the deadline for the preliminary results of this review is now March 24, 2025. 7
Footnotes:
1 ? See Certain Corrosion Inhibitors from the People's Republic of China: Antidumping Duty Order, 86 FR 14869 (March 19, 2021) ( Order ).
2 ? See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 89 FR 15159 (March 1, 2024).
3 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 89 FR 38871 (May 8, 2024) ( Initiation Notice ).
4 ? See Memorandum, "Antidumping Duty Administrative Review of Certain Corrosion Inhibitors from the People's Republic of China: "Respondent Selection," dated June 22, 2023.
5 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated August 8, 2024.
6 ? See Memorandum, "Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review," dated November 21, 2024.
7 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated December 9, 2024.
For a complete description of the events that followed the initiation of this administrative review, 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 https://access.trade.gov. A list of topics discussed in the Preliminary Decision Memorandum is included in Appendix I to this notice. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Footnotes:
8 ? See Memorandum, "Decision Memorandum for Preliminary Results of the 2023-2024 Antidumping Duty Administrative Review of Certain Corrosion Inhibitors from the People's Republic of China," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Order
[top] The products covered by the Order are corrosion inhibitors from China. For
Footnotes:
9 ?See Preliminary Decision Memorandum at the "Scope" section for more details.
Rescission of Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested a review withdraws its request within 90 days of the date of publication of the notice of initiation. On June 5, 2024, Wincom Inc. (the petitioner) timely withdrew its request for review of Jiangyin Delian Chemical Co., Ltd. (Delian) within 90 days of the date of publication of the Initiation Notice. 10 As a result, Commerce is rescinding this review with respect to Delian, in accordance with 19 CFR 351.213(d)(1).
Footnotes:
10 ? See Petitioner's Letter, "Withdrawal of Request For Administrative Review," dated June 5, 2024.
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Commerce calculated export price in accordance with section 772 of the Act. Further, because China is a non-market economy (NME) country within the meaning of section 771(18) of the Act, Commerce calculated NV in accordance with section 773(c) of the Act. For a full description of the methodology underlying our preliminary results, see the Preliminary Decision Memorandum.
Separate Rates
In all proceedings involving a NME country, Commerce maintains a rebuttable presumption that all companies are subject to government control and, thus, should be assessed a single weighted-average dumping margin unless the company can affirmatively demonstrate an absence of government control, both in law ( de jure ) and in fact ( de facto ), with respect to its exports ( i.e., can affirmatively demonstrate that it is eligible for a separate rate). 11 Commerce has preliminarily determined that information placed on the record by Gold Chemical Limited (Gold Chemical) demonstrates that this company is eligible for a separate rate. 12
Footnotes:
11 ? See Notice of Final Determination of Sales at Less Than Fair Value, and Affirmative Critical Circumstances, In Part: Certain Lined Paper Products from the People's Republic of China, 71 FR 53079, 53082 (September 8, 2006); see also Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof from the People's Republic of China, 71 FR 29303, 29307 (May 22, 2006).
12 ? See Preliminary Decision Memorandum at the "Separate Rate Determination" section for more details.
The statute and Commerce's regulations do not address the establishment of a separate rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for separate-rate respondents which Commerce did not examine individually in an administrative review. Section 735(c)(5)(A) of the Act articulates a preference that Commerce is not to calculate an all-others rate using rates for individually examined respondents which are zero, de minimis, or based entirely on facts available. For the preliminary results of this review, Commerce determined the estimated dumping margins for ATC and Botao to be 96.67 and 96.04 percent, respectively. For the reasons explained in the Preliminary Decision Memorandum, we are assigning a 96.46 percent rate to the non-examined respondent, Gold Chemical, which qualifies for a separate rate in this review, consistent with Commerce's practice and section 735(c)(5)(A) of the Act.
China-Wide Entity
Commerce's policy regarding the conditional review of the China-wide entity applies to this administrative review. 13 Under this policy, the China-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the China-wide entity in this review, the entity is not under review, and the entity's assessment rate ( i.e., 241.02 percent) is not subject to change. 14 For the reasons explained in the Preliminary Decision Memorandum, Commerce considers all other companies for which a review was requested (none of which filed a separate rate application), listed in Appendix II to this notice, to be part of the China-wide entity. 15
Footnotes:
13 ? See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
14 ? See Order.
15 ? See Appendix II for the list of companies that are subject to this administrative review that are considered to be part of the China-wide entity.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following weighted-average dumping margins exist for the administrative review covering the period March 1, 2023, through February 29, 2024:
| Exporter | Weighted-average dumping margin (percent) |
|---|---|
| Anhui Trust Chem Co., Ltd.; Jiangsu Trust Chem Co., Ltd.; Nanjing Trust Chem Co., Ltd | 96.67 |
| Nantong Botao Chemical Co., Ltd | 96.04 |
| Gold Chemical Limited | 96.46 |
Disclosure and Public Comment
Commerce intends to disclose to parties to the proceeding the calculations performed for these preliminary results of review within five days of any public announcement of these preliminary results or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).
[top] Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 30 days after the date of publication of this notice in the Federal Register . 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. 16 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing
Footnotes:
16 ? See 19 CFR 351.309(d); see also administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) ( APO and Service Final Rule ).
17 ? See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 351.303 (for general filing requirements).
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. 18 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that we will issue for the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the 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). 19
Footnotes:
18 ?We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
19 ? See APO and Service Final Rule.
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, filed electronically via ACCESS within 30 days after the publication of this notice. Requests should contain (1) the party's name, address, telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of the issues to be discussed. If a request for a hearing is made, Commerce will announce the date and time of the hearing. Issues raised in the hearing by a party will be limited to those raised in the party's case and rebuttal briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review. Upon issuing the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. 20
Footnotes:
20 ? See 19 CFR 351.212(b)(1).
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).
For ATC and its affiliates, and Botao, Commerce intends to calculate importer or customer-specific assessment rates, in accordance with 19 CFR 351.212(b)(1). 21 Where the respondent reported reliable entered values, Commerce intends to calculate importer or customer-specific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer or customer and dividing this amount by the total entered value of the merchandise sold to the importer or customer. 22 Where the respondent did not report entered values, Commerce will calculate importer or customer-specific assessment rates by dividing the amount of dumping for reviewed sales to the importer or customer by the total quantity of those sales. Commerce will calculate an estimated ad valorem importer or customer-specific assessment rate to determine whether the per-unit assessment rate is de minimis ; however, Commerce will use the per-unit assessment rate where entered values were not reported. 23 Where an importer or customer-specific ad valorem assessment rate is not zero or de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent's weighted average dumping margin is zero or de minimis, or an importer or customer-specific ad valorem assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties. 24
Footnotes:
21 ? See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) ( Final Modification ).
22 ? See 19 CFR 351.212(b)(1).
23 ? Id.
24 ? See Final Modification, 77 FR 8103.
Pursuant to a refinement to Commerce's assessment practice, where sales of subject merchandise exported by an individually examined respondent were not reported in the U.S. sales data submitted by the respondent, but the merchandise was entered into the United States during the POR, Commerce will instruct CBP to liquidate any entries of such merchandise at the AD assessment rate for the China-wide entity. 25
Footnotes:
25 ?For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011).
For the respondents that were not selected for individual examination in this administrative review, but which qualified for a separate rate, the assessment rate will be based on the weighted-average dumping margin(s) assigned to the respondent(s) selected for individual examination, as appropriate, in the final results of this review. 26
Footnotes:
26 ? See Drawn Stainless Steel Sinks from the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments: 2014-2015, 81 FR 29528 (May 12, 2016), and accompanying Preliminary Decision Memorandum at 10-11, unchanged in Drawn Stainless Steel Sinks from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15, 2016).
For Delian, the company for which this review is rescinded with these preliminary results, we will instruct CBP to assess antidumping duties on all appropriate entries at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period March 1, 2023, through February 29, 2024, in accordance with 19 CFR 351.212(c)(l)(i).
Cash Deposit Requirements
[top] The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) for the subject merchandise exported by the company listed above that has a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this administrative review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Chinese exporters of subject merchandise that have not been found
These cash deposit requirements, when imposed, shall remain in effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in case and rebuttal briefs, within 120 days of these preliminary results of review in the Federal Register , pursuant to section 751(a)(3)(A) of the Act.
Notification to Importers
This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during these PORs. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping/and or countervailing duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this review in accordance with sections 751(a)(1)(B), 751(a)(3), and 777(i) of the Act, and 19 CFR 351.213(d)(4) and 351.221(b)(4).
Dated: December 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Recission of Administrative Review
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(f) of the Act
VIII. Currency Conversion
IX. Recommendation
Appendix II
Companies Considered To Be Part of the China-Wide Entity
1. Connect Chemicals China Co., Ltd.
2. Connect Chemicals GMBH
3. Kanghua Chemical Co., Ltd. (formerly known as Nantong Kanghua Chemical Co., Ltd.)
4. Relic Chemicals
5. Sagar Specialty Chemicals Pvt., Ltd.
6. Vcare Medicines
7. Yasho Industries Pvt. Ltd.
[FR Doc. 2024-31484 Filed 12-31-24; 8:45 am]
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