Federal Register - January 29, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices
of the Issues and Decision Memorandum are identical in content.
Period of Investigation The period of investigation is January 1, 2019, through December 31, 2019.
Scope of the Investigation The products covered by this investigation are certain corrosion inhibitors from China. For a full description of the scope of this investigation, see Appendix I.
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Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A
list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II.
Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an authority that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.
In making this final determination, Commerce relied, in part, on facts available pursuant to section 776a of the Act. Additionally, as discussed in the Issues and Decision Memorandum, because one or more respondents did not act to the best of their ability in responding to our requests for information, we drew adverse inferences, where appropriate, in selecting from among the facts otherwise available, pursuant to section 776b of the Act. This includes three companies that did not respond to Commerces quantity and value questionnaire; as described in the Preliminary Determination,5 we have applied an adverse inference in selection of facts available for determining the subsidy rates for these companies, pursuant to section 776d of the Act. For further information, see the section Use of Facts Otherwise 4 See sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.
5 See Preliminary Determination PDM at 1220, section Application of AFA: Non-Responsive Q&V
Questionnaire Recipients.
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Available and Adverse Inferences in the accompanying Issues and Decision Memorandum.
Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation.
However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782i of the Act.6
Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, we made certain changes to Botao and Delians subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate In accordance with section 705c1BiI of the Act, Commerce calculated a countervailable subsidy rate for the individually investigated exporters/producers of the subject merchandise. Section 705c5A of the Act provides that, in the final determination, Commerce shall determine an estimated all-others rate for companies not individually examined. The rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any rates that are zero, de minimis, or rates based entirely under section 776 of the Act.
In this investigation, as discussed in the Issues and Decision Memorandum, Commerce calculated individual estimated countervailable subsidy rates for Delian and Botao that were not zero, de minimis, or based entirely under section 776 of the Act. Therefore, Commerce calculated an all-others rate using a simple average of the individual estimated subsidy rates calculated for Botao and Delian using each companys values for the merchandise under 6 See Commerces Letter, Certain Corrosion Inhibitors from the Peoples Republic of China:
Nantong Botao Chemical Co., Ltd. Verification Questionnaire, dated November 30, 2020; see also Commerces Letter, Certain Corrosion Inhibitors from the Peoples Republic of China: Jiangyin Delian Chemical Co., Ltd. Verification Questionnaire, dated November 30, 2020; Botaos Letter, Certain Corrosion Inhibitors from the Peoples Republic of China: Botao Verification Questionnaire Response, dated December 7, 2020;
and Delians Letter, Corrosion Inhibitors from China; C570123; CVD Questionnaire in Lieu of Verification, dated December 7, 2020.
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consideration because publicly ranged sales data was unavailable.7
Final Determination Commerce determines that the following estimated countervailable subsidy rates exist:
Company Jiangyin Delian Chemical Co., Ltd
Nantong Botao Chemical Co., Ltd
CAC Shanghai Chemical Co., Ltd
Jiangyin Gold Fuda Chemical Co., Ltd
Xinji Xi Chen Re Neng Co., Ltd All Others
Subsidy rate percent 93.05
61.62
239.21
239.21
239.21
77.34
Disclosure Commerce intends to disclose to interested parties the calculations and analysis performed in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of the publication of this notice in accordance with 19 CFR
351.224b.
Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703d1B and d2 of the Act, we instructed U.S. Customs and Border Protection CBP to suspend liquidation of entries of subject merchandise as described in the Scope of the Investigation section entered, or withdrawn from warehouse, for consumption, effective July 13, 2020, which is the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 703d of the Act, effective November 10, 2020, we instructed CBP
7 With two respondents under examination, Commerce normally calculates A a weightedaverage of the estimated subsidy rates calculated for the examined respondents; B a simple average of the estimated subsidy rates calculated for the examined respondents; and C a weighted-average of the estimated subsidy rates calculated for the examined respondents using each companys publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares B and C to A and selects the rate closest to A as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663
September 1, 2010. As complete publicly ranged sales data are not available, Commerce based the all-others rate on a simple average of the mandatory respondents subsidy rates.
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