85214 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

15See Order, 81 FR at 81063. 

1See Chlorinated Isocyanurates from the People’s 

Republic of China: Countervailing Duty Order, 79 

FR 67424 (November 13, 2014) (Order). 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

50 (January 3, 2023). 

3See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of Countervailing Duty 

Administrative Review,’’ dated June 30, 2023. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the Countervailing Duty 

Administrative Review of Chlorinated 

Isocyanurates from the People’s Republic of China 

and Rescission of Administrative Review, in Part; 

2021,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

5See Chlorinated Isocyanurates from the People’s 

Republic of China: Countervailing Duty Order, 79 

FR 67424 (November 13, 2014) (Order). 

For those companies which were not 

individually examined, we will instruct 

CBP to assess antidumping duties at an 

ad valorem rate equal to the weightedaverage dumping margin determined for 

the non-examined companies in the 

final results of this review. 

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 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withdrawn from warehouse, for 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 each specific 

company listed above will be equal to 

the weighted-average dumping margin 

established in the final results of this 

administrative review, except if the rate 

is less than 0.50 percent and, therefore, 

de minimis within the meaning of 19 

CFR 351.106(c)(1), in which case the 

cash deposit rates will be zero; (2) for 

previously reviewed or investigated 

companies not participating in this 

review, the cash deposit rate will 

continue to be the company-specific rate 

published for the most recently 

completed segment of this proceeding in 

which the producer or exporter 

participated; (3) if the exporter is not a 

firm covered in this review, a prior 

review, or the original investigation but 

the producer is, the cash deposit rate 

will be the rate established for the most 

recently completed segment of this 

proceeding for the producer of the 

subject merchandise; and (4) the cash 

deposit rate for all other producers or 

exporters will continue to be the allothers rate of 8.35 percent.15 These cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice also 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 this review 

period. 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 doubled antidumping 

duties, and/or an increase in the amount 

of antidumping duties by the amount of 

the countervailing duties. 

Notification to Interested Parties 

We are issuing and publishing these 

preliminary results of review in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act, 19 CFR 

351.213(h)(2), and 19 CFR 351.221(b)(4). 

Dated: November 30, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the 

Preliminary Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Partial Rescission of Review 

V. Affiliation and Collapsing 

VI. Companies Not Selected for 

Individual Examination 

VII. Discussion of the Methodology 

VIII. Recommendation 

[FR Doc. 2023–26878 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–991] 

Chlorinated Isocyanurates From the 

People’s Republic of China: 

Preliminary Results of the 

Countervailing Duty Administrative 

Review and Rescission of Review, in 

Part; 2021 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: 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, 2021, 

through December 31, 2021. Interested 

parties are invited to comment on these 

preliminary results. 

DATES: Applicable December 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Miranda Bourdeau or Eliza DeLong, 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) 482–2021 or (202) 482–3878, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 13, 2014, Commerce 

published the countervailing duty order 

on chlorinated isos in the Federal 

Register.1 On January 3, 2023, 

Commerce published a notice of 

initiation of an administrative review of 

the Order.2 On June 30, 2023, 

Commerce extended the time period for 

issuing these preliminary results until 

November 30, 2023, in accordance with 

section 751(a)(3)(A) of the Tariff Act of 

1930, as amended (the Act).3

For a complete description of the 

events that followed the initiation of 

this review, see the Preliminary 

Decision Memorandum.4 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included at the 

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 https://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Order 5

The products covered by the Order 

are chlorinated isos. For a complete 

description of the scope of the Order, 

see the Preliminary Decision 

Memorandum. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 85215 

6See Memorandum, ‘‘Notice of Intent to Rescind 

Review, in Part,’’ dated November 16, 2023. 

7See 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. 

8See sections 776(a) and (b) of the Act. 

9See Petitioners’ Letter, ‘‘Request for 

Verification,’’ dated April 13, 2023. 

Rescission of Administrative Review, in 

Part 

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 Henan 

Zerui New Material, Jinchang 

International Forwarding, Qingdao 

Fortune Logistics Co., Ltd., Qingdao 

Kingnod Group Co., Ltd., and Shanghai 

Sumiso International Logis had no 

entries of subject merchandise during 

the POR. On November 16, 2023, we 

notified parties that we intended to 

rescind this administrative review with 

respect to these companies.6 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, see the Preliminary 

Decision Memorandum. 

Methodology 

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, i.e., a financial contribution 

that gives rise to a benefit to the 

recipient, and that the subsidy is 

specific.7

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, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.8 For further 

information, see the Preliminary 

Decision Memorandum at the section 

titled, ‘‘Use of Facts Otherwise 

Available and Adverse Inferences.’’ 

Company Not Selected for Individual 

Review 

The Act and Commerce’s regulations 

do not directly address the subsidy rate 

to be applied to companies not selected 

for individual examination where 

Commerce limits its examination in an 

administrative review pursuant to 

section 777A(e)(2) of the Act. However, 

Commerce normally determines the 

rates for non-selected companies in 

reviews in a manner that is consistent 

with section 705(c)(5) of the Act, which 

provides instructions for calculating the 

all-others rate in an investigation. 

Section 777A(e)(2) of the Act provides 

that ‘‘the individual countervailable 

subsidy rates determined under 

subparagraph (A) shall be used to 

determine the all-others rate under 

section 705(c)(5) {of the Act}.’’ Section 

705(c)(5)(A) of the Act states that for 

companies not investigated, in general, 

we will determine an all-others rate by 

weight-averaging the countervailable 

subsidy rates established for each of the 

companies individually investigated, 

excluding zero and de minimis rates or 

any rates based solely on the facts 

available. 

Accordingly, to determine the rate for 

companies not selected for individual 

examination, Commerce’s practice is to 

weight average the net subsidy rates for 

the selected mandatory respondents, 

excluding rates that are zero, de 

minimis, or based entirely on facts 

available. We preliminarily determine 

that Heze Huayi Chemical Co., Ltd. 

(Heze Huayi) and Juancheng Kangtai 

Chemical Co., Ltd. (Kangtai) received 

countervailable subsidies that are above 

de minimis and are not based entirely 

on facts available. Therefore, we 

preliminarily determine to apply the 

weighted average of the net subsidy 

rates calculated for Heze Huayi and 

Kangtai using publicly-ranged sales data 

submitted by those respondents to the 

non-selected company. The company 

for which a review was requested, and 

which was not selected as a mandatory 

respondents or found to be cross-owned 

with a mandatory respondent, is Sincere 

Cooperation Material. 

Preliminary Results of Review 

For the period January 1, 2021, 

through December 31, 2021, we 

preliminarily find that the following net 

subsidy rates exist: 

Company 

Subsidy 

rate 

(percent 

ad valorem) 

Heze Huayi Chemical Co., 

Ltd ..................................... 3.98 

Juancheng Kangtai Chemical 

Co., Ltd ............................. 3.96 

Review-Specific Average Rate Applicable 

to the Following Company 

Sincere Cooperation Material 3.98 

Verification 

Commerce received a timely request 

from Bio-Lab, Inc., Clearon Corp., and 

Occidental Chemical Corporation 

(collectively, the petitioners) to verify 

the information submitted in this 

administrative review, pursuant to 19 

CFR 307(b)(1)(iv).9 Commerce does not 

intend to verify the information 

submitted by the mandatory 

respondents in the course of this 

administrative review. 

Assessment Rate 

Consistent with section 751(a)(2)(C) of 

the Act, upon issuance of the final 

results, Commerce shall determine, and 

CBP shall assess, countervailing duties 

on all appropriate entries in accordance 

with the final results of this review. If 

the assessment rate calculated in the 

final results is zero or de minimis, we 

will instruct CBP to liquidate all 

appropriate entries without regard to 

countervailing duties. For the 

companies for which this review is 

rescinded, we will instruct CBP to 

assess countervailing duties on all 

appropriate entries at a rate equal to the 

cash deposit of estimated countervailing 

duties required at the time of entry, or 

withdrawal from warehouse, for 

consumption, during the period January 

1, 2021, through December 31, 2021, in 

accordance with 19 CFR 351.212(c)(l)(i). 

For the companies remaining in the 

review, 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 

Pursuant to section 751(a)(2)(C) of the 

Act, Commerce intends to instruct CBP 

to collect cash deposits of estimated 

countervailing duties in the amounts 

indicated above, except, where the rate 

calculated in the final results is zero or 

de minimis, no cash deposit will be 

required 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 nonreviewed firms, we will instruct CBP to 

continue to collect cash deposits of 

estimated countervailing duties at the 

most recent company-specific or allothers rate applicable to the company, 

as appropriate. These cash deposit 

instructions, when imposed, shall 

remain in effect until further notice. 


ddrumheller on DSK120RN23PROD with NOTICES1
85216 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 

10See 19 CFR 351.224(b). 

11See 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 

Final Service Rule). 

12See 19 351.309(c)(2) and (d)(2). 

13We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

14See APO and Final Service Rule. 15See 19 CFR 351.310. 

1See Frozen Warmwater Shrimp from Ecuador, 

India, Indonesia, and the Socialist Republic of 

Vietnam: Initiation of Countervailing Duty 

Investigations, 88 FR 81053 (November 21, 2023). 

2The petitioner is the American Shrimp 

Processors Association. 

3See Petitioner’s Letter, ‘‘Request to Extend the 

Preliminary Determination,’’ dated November 27, 

2023. 

Disclosure and Public Comment 

We will disclose to parties to this 

proceeding the calculations performed 

in reaching the preliminary results 

within five days of the date of 

publication of these preliminary 

results.10 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.11 Interested parties 

who submit case briefs or rebuttal briefs 

in this proceeding must submit: (1) a 

table of contents listing each issue; and 

(2) a table of authorities.12

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 brief 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.13 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 will 

accompany 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).14

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 of 

Commerce within 30 days after the date 

of publication of this notice. Requests 

should contain: (1) the party’s name, 

address, and telephone number; (2) the 

number of participants; and (3) a list of 

issues to be discussed. Issues raised in 

the hearing will be limited to those 

raised in the respective case and 

rebuttal briefs.15 Parties are reminded 

that all briefs and hearing requests must 

be filed electronically using ACCESS 

and received successfully in their 

entirety by 5:00 p.m. Eastern Time on 

the due date. 

Final Results of Review 

Unless the deadline is extended 

pursuant to section 751(a)(3)(A) of the 

Act, Commerce intends 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 

publication of these preliminary results. 

Notification to Interested Parties 

This administrative review and notice 

are issued and published in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act, and 19 CFR 351.213. 

Dated: November 30, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the 

Preliminary Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Rescission of Administrative Review, in 

Part 

V. Rate for Non-Examined Companies 

VI. Diversification of China’s Economy 

VII. Use of Facts Otherwise Available and 

Adverse Inferences 

VIII. Subsidies Valuation 

IX. Benchmarks 

X. Analysis of Programs 

XI. Recommendation 

[FR Doc. 2023–26861 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–331–806, C–533–921, C–560–843, C–552– 

838] 

Frozen Warmwater Shrimp From 

Ecuador, India, Indonesia, and the 

Socialist Republic of Vietnam: 

Postponement of Preliminary 

Determinations in the Countervailing 

Duty Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable December 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Zachary Shaykin (Ecuador), Steven 

Seifert (India), Kelsie Hohenberger 

(Indonesia), and Adam Simons (the 

Socialist Republic of Vietnam 

(Vietnam)), AD/CVD Operations, Offices 

II, IV, V, and IX, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2638, (202) 482–3350, (202) 

482–2517, and (202) 482–6172, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 14, 2023, the U.S. 

Department of Commerce (Commerce) 

initiated countervailing duty 

investigations of imports of frozen 

warmwater shrimp from Ecuador, India, 

Indonesia, and Vietnam.1 Currently, the 

preliminary determinations are due no 

later than January 18, 2024. 

Postponement of Preliminary 

Determinations 

Section 703(b)(1) of the Tariff Act of 

1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in a countervailing duty 

investigation within 65 days after the 

date on which Commerce initiated the 

investigation. However, section 

703(c)(1) of the Act permits Commerce 

to postpone the preliminary 

determination until no later than 130 

days after the date on which Commerce 

initiated the investigation if: (A) the 

petitioner makes a timely request for a 

postponement; or (B) Commerce 

concludes that the parties concerned are 

cooperating, that the investigation is 

extraordinarily complicated, and that 

additional time is necessary to make a 

preliminary determination. Under 19 

CFR 351.205(e), the petitioner must 

submit a request for postponement 25 

days or more before the scheduled date 

of the preliminary determination and 

must state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On November 27, 2023, the 

petitioner 2 submitted a timely request 

to postpone the preliminary 

determinations in these investigations.3

The petitioner stated that postponement 

of the preliminary determinations is 

necessary because the current schedule 

does not provide adequate time for a 


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