[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69905-69907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22407]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-122]


Certain Corrosion Inhibitors From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review, 2020-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
companies in the People's Republic of China (China) made sales of 
subject merchandise at less than normal value (NV) during the period of 
review (POR) September 10, 2020, through February 28, 2022.

DATES: Applicable October 10, 2023.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Dusten Hom, AD/CVD 
Operations, Office I, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3477 and (202) 
482-5075, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 6, 2023, Commerce published the preliminary results of 
this review in the Federal Register and invited interested parties to 
comment on those results.\1\ For a complete description of the events 
that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ Commerce conducted this administrative review 
in accordance with section 751 of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Preliminary Results and Partial Rescission of the 
Antidumping Duty Administrative Review; 2020-2022, 88 FR 20488 
(April 6, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2022 Administrative Review of the 
Antidumping Duty Order on Certain Corrosion Inhibitors from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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    \3\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Antidumping Duty and Countervailing Duty Orders, 86 FR 
14869 (March 19, 2021) (Order).
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    The products covered by the Order are certain corrosion inhibitors 
from China. A complete description of the scope of the Order is 
contained in the Issues and Decision Memorandum.

[[Page 69906]]

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this administrative review are addressed in the Issues and Decision 
Memorandum and are listed in the appendix to this notice. 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 https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received, we made no changes to the 
Preliminary Results.\4\ For a more detailed discussion of the issues 
raised by parties, see the Issues and Decision Memorandum.
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    \4\ See Preliminary Results.
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Rate for Non-Examined Separate Rate Respondents

    The statute and our regulations do not address the establishment of 
a rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) of the Act. 
Generally, we look 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 respondents not individually 
examined in an administrative review. Under section 735(c)(5)(A) of the 
Act, the all-others rate is normally ``an amount equal to the weighted 
average of the estimated weighted average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero and de minimis margins, and any margins determined entirely {on 
the basis of facts available{time} .'' Accordingly, in the final 
results of review, we are assigning to the non-selected separate rate 
respondents an estimated weighted-average dumping margin based on the 
average of Anhui Trust Chem Co., Ltd.'s, and its affiliates 
(collectively Anhui), and Nantong Botao Chemical Co., Ltd's (Botao) 
rates weighted by their publicly available ranged U.S. sales values.

Final Results of the Review

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period September 10, 2020, through 
February 28, 2022:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Anhui Trust Chem Co., Ltd...........................                6.12
Nantong Botao Chemical Co., Ltd.....................               14.66
Review-Specific Average Rate Applicable to the
 Following Companies:
    Gold Chemical Limited...........................                9.95
    Jiangyin Delian Chemical Co., Ltd...............                9.95
    Kanghua Chemical Co., Ltd.......................                9.95
------------------------------------------------------------------------

Disclosure

    Because we have not modified our analysis to the Preliminary 
Results, we are adopting the Preliminary Results as the final results 
of this review. Consequently, there are no new calculations to disclose 
in accordance with 19 CFR 351.224(b) for the final results of review.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce intends to determine, and U.S. Customs and 
Border Protections (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this review. Pursuant to 19 CFR 351.212(b)(1), for Anhui and 
Botao, we calculated importer-specific ad valorem duty assessment rates 
based on the ratio of the total amount of dumping calculated for each 
importer's examined sales and the total entered value of the sales in 
accordance with 19 CFR 351.212(b)(1). Where an importer-specific 
assessment rate is de minimis (i.e., less than 0.5 percent), the 
entries by that importer will be liquidated without regard to 
antidumping duties.
    For all non-selected separate rate applicants subject to this 
review, we will instruct CBP to liquidate all entries of subject 
merchandise that entered the United States during the POR at the 
average of the rates calculated for Anhui and Botao as listed above. 
For entries of subject merchandise during the POR produced by Anhui and 
Botao for which they did not know their merchandise was destined for 
the United States, we intend to instruct CBP to liquidate such entries 
at the China-wide rate if there is no rate for the intermediate company 
or companies involved in the transaction.
    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
subject to this review will be the rate established in these final 
results of the review; (2) for previously investigated or reviewed 
Chinese and non-Chinese exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recently completed segment of this 
proceeding in which they were reviewed; (3) for all Chinese exporters 
of subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be equal to the weighted-
average dumping margin for the China-wide entity (i.e., 241.02 
percent); and (4) for all non-Chinese exporters of subject merchandise 
which have not received their own separate rate, the cash deposit rate 
will be the rate applicable to the Chinese exporter(s) that supplied 
that non-Chinese exporter.\5\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \5\ See Order, 86 FR at 14871.

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[[Page 69907]]

Notification to Importers

    This notice serves as a final 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 this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties has 
occurred and the subsequent assessment of double antidumping duties, 
and/or an increase in the amount of antidumping duties by the amount of 
countervailing duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 the 
terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: October 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Change Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Incorrectly Valued Overhead 
Materials as Direct Materials
    Comment 2: Whether Commerce Should Use the Initial Factors of 
Production (FOP) Database to Calculate Surrogate Values (SV)
    Comment 3: Use of Financial Statements (FS) to Value Factory 
Overhead, Selling, General, and Administrative Expenses, and Profit
    Comment 4: Whether Commerce Should Continue to Assign Separate 
Rate Status to Kanghua Chemical Co., Ltd. (Chuzhou Kanghua)
    Comment 5: Whether Commerce Should Value Air Freight Based on 
International Air Transport Association (IATA) or Malaysian 
Investment Development Authority (MIDA) Data
    Commerce 6: Whether Commerce Should Value Labor Rates Based on 
Malaysian International Labor Organization (ILOSTAT) Data Instead of 
European Union Statistics Service (EUROSTAT) Labor Data
    Commerce 7: Whether Commerce Should Offset Botao's AD Margin by 
the Double Remedy Pass Through Subsidies Calculated in the Companion 
Countervailing Duty (CVD) Proceeding
    Commerce 8: Whether Commerce's Application of the Cohen's d Test 
to Botao's U.S. Sales Is Supported by Law
VI. Recommendation

[FR Doc. 2023-22407 Filed 10-6-23; 8:45 am]
BILLING CODE 3510-DS-P