Federal Register - January 29, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices
combinations of Chinese exporters/
producers of subject merchandise that have not received their own separate rate above, the cash deposit rate will be the cash deposit rate established for the China-wide entity; and 3 for all nonChinese exporters of subject merchandise which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Chinese exporter/
producer combination that supplied that non-Chinese exporter. These suspension of liquidation instructions will remain in effect until further notice.
To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty CVD proceeding when CVD provisional measures are in effect. Accordingly, where Commerce makes an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offsets the calculated estimated weighted-average dumping margin by the appropriate rates. Commerce continues to find that both Botao and Delian qualify for a double-remedy adjustment. We have continued to adjust the cash deposit rates for Botao, Delian, all nonindividually-examined companies, and the China-wide entity for export subsidies in the companion CVD
investigation by the appropriate export subsidy rates 6 as indicated in the above chart. However, suspension of liquidation of provisional measures in the companion CVD case has been discontinued effective November 10, 2020; therefore, we are not instructing CBP to collect cash deposits based upon the adjusted estimated weighted-average dumping margin for those export subsidies and double remedy adjustment at this time.
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International Trade Commission ITC
Notification In accordance with section 735d of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order APO, without the written consent of the Assistant Secretary for Enforcement and 6 See Certain Corrosion Inhibitors from the Peoples Republic of China: Final Affirmative Countervailing Duty Determination, dated concurrently with this notice.
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Compliance. Because the final determination in this proceeding is affirmative, in accordance with section 735b2 of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of subject merchandise from China no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded.
If the ITC determines that such injury does exist, Commerce will issue an AD
order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an administrative protective order APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305a3. 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 violation subject to sanction.
Notification to Interested Parties This determination is issued and published in accordance with sections 735d and 777i1 of the Act and 19
CFR 351.210c.
Dated: January 25, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation The merchandise covered by this investigation is tolyltriazole and benzotriazole. This includes tolyltriazole and benzotriazole of all grades and forms, including their sodium salt forms.
Tolyltriazole is technically known as Tolyltriazole IUPAC 4,5 methyl benzotriazole. It can also be identified as 4,5
methyl benzotriazole, tolutriazole, TTA, and TTZ.
Benzotriazole is technically known as IUPAC 1,2,3-Benzotriazole. It can also be identified as 1,2,3-Benzotriazole, 1,2Aminozophenylene, lH-Benzotriazole, and BTA.
All forms of tolyltriazole and benzotriazole, including but not limited to flakes, granules, pellets, prills, needles,
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powder, or liquids, are included within the scope of this investigation.
The scope includes tolyltriazole/sodium tolyltriazole and benzotriazole/sodium benzotriazole that are combined or mixed with other products. For such combined products, only the tolyltriazole/sodium tolyltriazole and benzotriazole/sodium benzotriazole component is covered by the scope of this investigation. Tolyltriazole and sodium tolyltriazole that have been combined with other products is included within the scope, regardless of whether the combining occurs in third countries.
Tolyltriazole, sodium tolyltriazole, benzotriazole and sodium benzotriazole that is otherwise subject to this investigation is not excluded when commingled with tolyltriazole, sodium tolyltriazole, benzotriazole, or sodium benzotriazole from sources not subject to this investigation. Only the subject merchandise component of such commingled products is covered by the scope of this investigation.
A combination or mixture is excluded from this investigation if the total tolyltriazole or benzotriazole component of the combination or mixture regardless of the source or sources comprises less than 5 percent of the combination or mixture, on a dry weight basis.
Notwithstanding the foregoing language, a tolyltriazole or benzotriazole combination or mixture that is transformed through a chemical reaction into another product, such that, for example, the tolyltriazole or benzotriazole can no longer be separated from the other products through a distillation or other process is excluded from this investigation.
Tolyltriazole has the Chemical Abstracts Service CAS registry number 299385431.
Tolyltriazole is classified under Harmonized Tariff Schedule of the United States HTSUS
subheading 2933.99.8220.
Sodium Tolyltriazole has the CAS registry number 64665572 and is classified under HTSUS subheading 2933.99.8290.
Benzotriazole has the CAS registry number 95147 and is classified under HTSUS
subheading 2933.99.8210.
Sodium Benzotriazole has the CAS registry number 15217422. Sodium Benzotriazole is classified under HTSUS subheading 2933.99.8290.
Although the HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. China-Wide Rate VII. Adjustment Under Section 777Af of the Act VIII. Adjustments to Cash Deposit Rates IX. Changes Since the Preliminary Determination X. Discussion of the Issues
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