BILLING CODE: 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [C-570-123] Certain Corrosion Inhibitors from the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2022 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain producers and exporters of certain corrosion inhibitors from the People’s Republic of China (China) received countervailable subsidies during the period of review (POR) January 1, 2022, through December 31, 2022. DATES: Applicable [Insert date of publication in the Federal Register]. FOR FURTHER INFORMATION CONTACT: Ted Pearson, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: (202)-4822631. Background On April 3, 2024, Commerce published in the Federal Register the preliminary results of the 2022 administrative review of the countervailing duty order on corrosion inhibitors from China and invited comments from interested parties.1 For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 See Certain Corrosion Inhibitors from the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part, 2022, 89 FR 23001 (April 3, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, “Decision Memorandum for the Final Results of the Administrative Review of the Countervailing Duty Order on Certain Corrosion Inhibitors from the People’s Republic of China; 2022,†dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by the order are corrosion inhibitors from China. For a full description of the scope of the order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by the interested parties in their case and rebuttal briefs are addressed in the Issues and Decision Memorandum. The topics discussed and the issues raised by parties to which we responded in the Issues and Decision Memorandum 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 Duties 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 comments received from interested parties, we made certain changes to the calculations for Anhui Trust Chem Co., Ltd. (ATC) and Nantong Botao Chemical Co., Ltd. (Botao) for the benchmark for ocean freight. For a discussion of these changes, see the Issues and Decision Memorandum. Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found to be countervailable, we determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.3 For a full description of the methodology underlying Commerce’s conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. Companies Not Selected for Individual Review The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when 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 the basis for calculating the allothers rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to calculate the all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero or de minimis countervailable subsidy rates, and any rates determined entirely on the basis of facts available. There are three companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. In this review, the rates for ATC and Botao were above de minimis and not based entirely on facts available. Therefore, we are applying to the non-selected companies the average of the net subsidy rates calculated for ATC and Botao, which we calculated using the publicly-ranged sales data submitted by ATC and Botao.4 See 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. 4 With two respondents under examination, Commerce normally calculates: (A) a weighted-average 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 company’s 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). Final Results of Review We find the following net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022: Company Anhui Trust Chem Co., Ltd.5 Nantong Botao Chemical Co., Ltd.6 Gold Chemical Limited Jiangyin Delian Chemical Co., Ltd. Kanghua Chemical Co., Ltd.7 Subsidy Rate (percent ad valorem) 19.09 16.63 18.40 18.40 18.40 Disclosure We intend to disclose the calculations and analysis performed for these final results of review within five days of any public announcement or, if there is no public announcement, within five days after the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Assessment In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after 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). As discussed in the Preliminary Results PDM, Commerce finds the following companies to be cross-owned with ATC: Nanjing Trust Chem Co., Ltd.; and Jiangsu Trust Chem Co., Ltd. 6 As discussed in the Preliminary Results PDM, Commerce finds the following companies to be cross-owned with Botao: Rugao Connect Chemical Co., Ltd.; Rugao Jinling Chemical Co., Ltd.; and Nantong Yutu Group Co., Ltd. 7 Formerly known as Nantong Kanghua Chemical Co., Ltd. See Certain Corrosion Inhibitors from the People’s Republic of China: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 88 FR 1357 (January 10, 2023). Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the companies listed above for shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a violation subject to sanction. Notification to Interested Parties The final results are 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: June 12, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. II. III. IV. V. VI. VII. VIII. IX. Summary Background Scope of the Order Non-Selected Companies Under Review Subsidies Valuation Use of Facts Otherwise Available and Adverse Inferences Analysis of Programs Discussion of the Issue Comment: Whether Commerce Should Modify the Benchmark for Ocean Freight Recommendation [FR Doc. 2024-13594 Filed: 6/20/2024 8:45 am; Publication Date: 6/21/2024]