Countervailing Duty Investigation of 1,1,1,2 Tetrafluoroethane From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 62594-62595 [2014-24912]
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62594
Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–999]
Countervailing Duty Investigation of
1,1,1,2 Tetrafluoroethane From the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) published the
Preliminary Determination of the
countervailing duty (‘‘CVD’’)
investigation of 1,1,1,2 tetrafluoroethane
(‘‘tetrafluoroethane’’) from the People’s
Republic of China (‘‘PRC’’) on April 18,
2014.1 The Department determines that
countervailable subsidies are being
provided to producers and exporters of
tetrafluoroethane from the PRC. For
information on the estimated subsidy
rates, see the ‘‘Suspension of
Liquidation’’ section of this notice. The
period of investigation is January 1,
2012–December 31, 2012.
DATES: Effective Date: October 20, 2014.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry or Josh Startup, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
Phone: 202–482–7906, or 202–482–
5260, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
tkelley on DSK3SPTVN1PROD with NOTICES
Background
The Department published the
Preliminary Determination on April 18,
2014, additionally, the Department
published the Amended Preliminary
Determination on May 30, 2014.2 On
July 25, 2014, the Department released
a post-preliminary determination.3
Between July 29 and August 12, 2014,
we conducted a verification of the
questionnaire responses of the Zhejiang
1 See Countervailing Duty Investigation of 1,1,1,2
Tetrafluoroethane from the People’s Republic of
China: Preliminary Determination and Alignment of
Final Determination with Final Antidumping
Determination, 79 FR 21895 (April 18, 2014)
(‘‘Preliminary Determination’’).
2 See id.; see also Countervailing Duty
Investigation of 1,1,1,2 Tetrafluoroethane from the
People’s Republic of China: Amended Preliminary
Determination, 79 FR 31088 (May 30, 2014)
(‘‘Amended Preliminary Determination’’).
3 See Memorandum, from James C. Doyle,
Director, Office V, to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, Re:
Post-Preliminary Analysis of Countervailing Duty
Investigation: 1,1,1,2 Tetrafluoroethane from the
PRC, dated July 25, 2014 (‘‘Post-Prelim
Determination’’).
VerDate Sep<11>2014
16:28 Oct 17, 2014
Jkt 235001
Quhua Fluor-Chemistry Co., Ltd., and
its cross-owned affiliates’ (collectively
‘‘Juhua Group’’), Sinochem
Environmental Protection Chemicals
(Taicang) Co., Ltd., and its cross-owned
affiliates’ (collectively ‘‘Sinochem’’),
Jiangsu Bluestar Green Technology Co.,
Ltd (‘‘Bluestar’’), and T.T. International
Co., Ltd. (‘‘T.T. International’’). Between
September 2, 2014 and September 8,
2014, interested parties submitted case
and rebuttal briefs. A full discussion of
the issues raised by parties for this final
determination may be found in the I&D
Memo.4 The I&D Memo is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). IA ACCESS is available
to registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the I&D Memo can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
I&D Memo and the electronic version
are identical in content.
Scope of the Investigation
The product subject to this
investigation is 1,1,1,2Tetrafluoroethane, R–134a, or its
chemical equivalent, regardless of form,
type, or purity level. The chemical
formula for 1,1,1,2-tetrafluoroethane is
CF3–CH2F, and the Chemical Abstracts
Service (‘‘CAS’’) registry number is CAS
811–97–2.
1,1,1,2-Tetrafluoroethane is sold
under a number of trade names
including Klea 134a and Zephex 134a
(Mexichem Fluor); Genetron 134a
(Honeywell); Suva 134a, Dymel 134a,
and Dymel P134a (DuPont); Solkane
134a (Solvay); and Forane 134a
(Arkema). Generically, 1,1,1,2tetrafluoroethane has been sold as
Fluorocarbon 134a, R–134a, HFC–134a,
HF A–134a, Refrigerant 134a, and
UN3159.
Merchandise covered by the scope of
this investigation is currently classified
in the Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’) at
subheading 2903.39.2020. Although the
HTSUS subheading and CAS registry
number are provided for convenience
4 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Countervailing Duty Investigation of
1,1,1,2 Tetrafluoroethane from the People’s
Republic of China: Issues and Decision
Memorandum for the Final Determination,’’ dated
concurrently with this notice (‘‘I&D Memo’’).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
and customs purposes, the written
description of the scope is dispositive.
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
I&D Memo. A list of the issues that
parties raised, and to which we
responded in the I&D Memo, is attached
to this notice as an Appendix.
Use of Adverse Facts Available
The Department notes that, in making
these findings, we relied, in part, on
facts available and, because one or more
respondents did not act to the best of
their ability to respond to the
Department’s requests for information,
we drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.5 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the I&D Memo.
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
a rate for each company respondent.
Section 705(c)(5)(A)(i) of the Act states
that, for companies not individually
investigated, we will determine an ‘‘all
others’’ rate equal to the weightedaverage countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero and de minimis countervailable
subsidy rates, and any rates determined
entirely under section 776 of the Act.
In accordance with sections 703(d)
and 705(c)(5)(A) of the Act, for
companies not investigated, we apply
an ‘‘all-others’’ rate, which is normally
calculated by weighting the subsidy
rates of the individual companies
selected as respondents by those
companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(A)(i) of the Act, the allothers rate should exclude zero and de
minimis rates calculated for the
exporters and producers individually
investigated. Where the rates for the
investigated companies are all zero or
de minimis, section 705(c)(5)(A)(ii) of
the Act instructs the Department to
establish an all-others rate using ‘‘any
reasonable method.’’ Notwithstanding
the language of section 705(c)(5)(A)(i) of
the Act, we have not calculated the ‘‘allothers’’ rate by weight averaging the
rates of the two individually
investigated respondents, because doing
so risks disclosure of proprietary
5 See
E:\FR\FM\20OCN1.SGM
sections 776(a) and (b) of the Act.
20OCN1
Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices
information. Therefore, and consistent
with the Department’s practice, for the
‘‘all-others’’ rate, we calculated a simple
average of the two mandatory
respondents’ rates.6
We determine the total estimated net
countervailable subsidy rates to be:
Company
Subsidy rate
(percent)
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 Compliance.
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
5.71 notice will serve as the only reminder
to parties subject to an APO of their
1.87 responsibility concerning the
14.23 destruction of proprietary information
disclosed under APO in accordance
As a result of our Preliminary
with 19 CFR 351.305(a)(3). Timely
Determination, and pursuant to section
written notification of the return/
703(d) of the Act, we instructed U.S.
destruction of APO materials or
Customs and Border Protection (CBP) to
conversion to judicial protective order is
suspend liquidation of all entries of
hereby requested. Failure to comply
merchandise under consideration from
with the regulations and terms of an
the PRC that were entered or withdrawn
APO is a violation which is subject to
from warehouse, for consumption on or
sanction.
after April 18, 2014, the date of
This determination is issued and
publication of the Preliminary
published pursuant to sections 705(d)
Determination in the Federal Register.
and 777(i) of the Act.
In accordance with section 703(d) of the
Dated: October 14, 2014.
Act, we issued instructions to CBP to
Paul Piquado,
discontinue the suspension of
liquidation for CVD purposes for subject Assistant Secretary for Enforcement and
Compliance.
merchandise entered, or withdrawn
from warehouse, on or after August 16,
Appendix—Issues and Decision
2014, but to continue the suspension of
Memorandum
liquidation of all entries from April 18,
1. Whether Loans Provided by Banks Other
2014, through August 15, 2014.
Than the ‘‘Big Four’’ Are Countervailable
If the U.S. International Trade
2. Whether the Department is Properly
Commission (‘‘ITC’’) issues a final
Countervailing Loans to Companies
affirmative injury determination, we
Producing a Disfavored Product
will issue a CVD order and reinstate the 3. Whether AFA is Warranted With Regard to
suspension of liquidation under section
the Fluorospar for LTAR Program &
706(a) of the Act and will require a cash
Whether the Program is Countervailable
deposit of estimated CVDs for such
4. Whether Partial AFA is Warranted For the
Mining Rights for LTAR Program
entries of merchandise in the amounts
5. Whether the Department Should Calculate
indicated above. If the ITC determines
a Separate Combination Rate for Weitron
that material injury, or threat of material
6. Whether the Department Correctly Treated
injury, does not exist, this proceeding
the Tax and VAT Programs as Recurring
will be terminated and all estimated
Subsidies
duties deposited or securities posted as
7. Bluestar’s Minor Corrections With Regard
a result of the suspension of liquidation
to Electricity
will be refunded or canceled.
8. Whether the Department Correctly
T.T. International Co., Ltd. ...
JUHUA (including Zhejiang
Quhua Fluor-Chemistry
Co., Ltd., and other Juhua
Stock Companies) .............
Jiangsu Bluestar Green
Technology Co., Ltd. .........
All Others ..............................
22.75
tkelley on DSK3SPTVN1PROD with NOTICES
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
6 See, e.g., Countervailing Duty Investigation of
Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Determination and
Alignment of Final Determination With Final
Antidumping Determination, 79 FR 10097
(February 24, 2014). We did not include Bluestar in
the ‘‘all-others’’ rate because it was not a mandatory
respondent.
VerDate Sep<11>2014
16:28 Oct 17, 2014
Jkt 235001
Calculated the Electricity Benchmark
9. Whether the Department Correctly
Included Purchases Made for Trading
Purchases in its Fluorspar Calculation
for JUHUA
10. Whether the Department Correctly
Included Purchases Made From Trading
Companies in its Fluorspar Calculation
for JUHUA
11. Whether Certain Types of Financing are
Countervailable
12. Whether the Department Used the Correct
Denominator for Juhua Mining
13. Whether the Department Correctly
Attributed Subsidies for Sinochem
Taicang
14. Whether the Department Correctly
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
62595
Calculated the Benchmark for Loan
Programs
15. Whether the Department Double Counted
Loans Received by Sinochem Lantian
16. Whether the Department Correctly
Calculated the Acidspar Benchmark
17. Whether the Department Should
Cumulate the Subsidy Rates of Three
AHF Suppliers to Sinochem
18. Whether the Attribution of Subsidies
Received by Authorities is a Departure
from Department Practice and Results in
Double Counting of Subsidy Benefits
19. Whether the Department Properly
Rejected Sinochem’s August 1, 2014,
Submission as Untimely
20. Whether the Department Should Apply
the Program-Wide Change Rule and Not
Calculate a Subsidy Rate for the TwoFree Three-Half Program
[FR Doc. 2014–24912 Filed 10–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–839]
Certain Polyester Staple Fiber From
the Republic of Korea: Preliminary
Results of Changed Circumstances
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Toray Chemical Korea Inc. (Toray), a
producer/exporter of certain polyester
staple fiber (PSF) from the Republic of
Korea (Korea), and pursuant to section
751(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216,
the Department of Commerce
(Department) preliminarily determines
that Toray is the successor-in-interest to
Woongjin Chemical Co., Ltd (Woongjin).
We invite interested parties to comment
on these preliminary results.
DATES: Effective Date: October 20, 2014.
FOR FURTHER INFORMATION CONTACT:
Austin Redington at (202) 482–1664 or
Nancy Decker at (202) 482–0196, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 25, 2000, the Department
published notice of the antidumping
duty order on PSF from Korea in the
Federal Register.1 On July 2, 2014,
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Polyester
Staple Fiber From the Republic of Korea and
E:\FR\FM\20OCN1.SGM
Continued
20OCN1
]]>Agencies
[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Notices]
[Pages 62594-62595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24912]
[[Page 62594]]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-999]
Countervailing Duty Investigation of 1,1,1,2 Tetrafluoroethane
From the People's Republic of China: Final Affirmative Countervailing
Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') published the
Preliminary Determination of the countervailing duty (``CVD'')
investigation of 1,1,1,2 tetrafluoroethane (``tetrafluoroethane'') from
the People's Republic of China (``PRC'') on April 18, 2014.\1\ The
Department determines that countervailable subsidies are being provided
to producers and exporters of tetrafluoroethane from the PRC. For
information on the estimated subsidy rates, see the ``Suspension of
Liquidation'' section of this notice. The period of investigation is
January 1, 2012-December 31, 2012.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Investigation of 1,1,1,2
Tetrafluoroethane from the People's Republic of China: Preliminary
Determination and Alignment of Final Determination with Final
Antidumping Determination, 79 FR 21895 (April 18, 2014)
(``Preliminary Determination'').
---------------------------------------------------------------------------
DATES: Effective Date: October 20, 2014.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry or Josh Startup, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; Phone: 202-482-7906, or
202-482-5260, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Determination on April 18,
2014, additionally, the Department published the Amended Preliminary
Determination on May 30, 2014.\2\ On July 25, 2014, the Department
released a post-preliminary determination.\3\ Between July 29 and
August 12, 2014, we conducted a verification of the questionnaire
responses of the Zhejiang Quhua Fluor-Chemistry Co., Ltd., and its
cross-owned affiliates' (collectively ``Juhua Group''), Sinochem
Environmental Protection Chemicals (Taicang) Co., Ltd., and its cross-
owned affiliates' (collectively ``Sinochem''), Jiangsu Bluestar Green
Technology Co., Ltd (``Bluestar''), and T.T. International Co., Ltd.
(``T.T. International''). Between September 2, 2014 and September 8,
2014, interested parties submitted case and rebuttal briefs. A full
discussion of the issues raised by parties for this final determination
may be found in the I&D Memo.\4\ The I&D Memo is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the I&D Memo can be accessed directly
at https://enforcement.trade.gov/frn/. The signed I&D Memo and the
electronic version are identical in content.
---------------------------------------------------------------------------
\2\ See id.; see also Countervailing Duty Investigation of
1,1,1,2 Tetrafluoroethane from the People's Republic of China:
Amended Preliminary Determination, 79 FR 31088 (May 30, 2014)
(``Amended Preliminary Determination'').
\3\ See Memorandum, from James C. Doyle, Director, Office V, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
Re: Post-Preliminary Analysis of Countervailing Duty Investigation:
1,1,1,2 Tetrafluoroethane from the PRC, dated July 25, 2014 (``Post-
Prelim Determination'').
\4\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Countervailing Duty Investigation of 1,1,1,2 Tetrafluoroethane
from the People's Republic of China: Issues and Decision Memorandum
for the Final Determination,'' dated concurrently with this notice
(``I&D Memo'').
---------------------------------------------------------------------------
Scope of the Investigation
The product subject to this investigation is 1,1,1,2-
Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of
form, type, or purity level. The chemical formula for 1,1,1,2-
tetrafluoroethane is CF3-CH2F, and the Chemical
Abstracts Service (``CAS'') registry number is CAS 811-97-2.
1,1,1,2-Tetrafluoroethane is sold under a number of trade names
including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a
(Honeywell); Suva 134a, Dymel 134a, and Dymel P134a (DuPont); Solkane
134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2-
tetrafluoroethane has been sold as Fluorocarbon 134a, R-134a, HFC-134a,
HF A-134a, Refrigerant 134a, and UN3159.
Merchandise covered by the scope of this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(``HTSUS'') at subheading 2903.39.2020. Although the HTSUS subheading
and CAS registry number are provided for convenience and customs
purposes, the written description of the scope is dispositive.
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 I&D Memo. A list of the issues that parties raised,
and to which we responded in the I&D Memo, is attached to this notice
as an Appendix.
Use of Adverse Facts Available
The Department notes that, in making these findings, we relied, in
part, on facts available and, because one or more respondents did not
act to the best of their ability to respond to the Department's
requests for information, we drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\5\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the I&D Memo.
---------------------------------------------------------------------------
\5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated a rate for each company respondent. Section 705(c)(5)(A)(i)
of the Act states that, for companies not individually investigated, we
will determine an ``all others'' rate equal to the weighted-average
countervailable subsidy rates established for exporters and producers
individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not investigated, we apply an ``all-others'' rate, which is
normally calculated by weighting the subsidy rates of the individual
companies selected as respondents by those companies' exports of the
subject merchandise to the United States. Under section 705(c)(5)(A)(i)
of the Act, the all-others rate should exclude zero and de minimis
rates calculated for the exporters and producers individually
investigated. Where the rates for the investigated companies are all
zero or de minimis, section 705(c)(5)(A)(ii) of the Act instructs the
Department to establish an all-others rate using ``any reasonable
method.'' Notwithstanding the language of section 705(c)(5)(A)(i) of
the Act, we have not calculated the ``all-others'' rate by weight
averaging the rates of the two individually investigated respondents,
because doing so risks disclosure of proprietary
[[Page 62595]]
information. Therefore, and consistent with the Department's practice,
for the ``all-others'' rate, we calculated a simple average of the two
mandatory respondents' rates.\6\
---------------------------------------------------------------------------
\6\ See, e.g., Countervailing Duty Investigation of Chlorinated
Isocyanurates from the People's Republic of China: Preliminary
Determination and Alignment of Final Determination With Final
Antidumping Determination, 79 FR 10097 (February 24, 2014). We did
not include Bluestar in the ``all-others'' rate because it was not a
mandatory respondent.
---------------------------------------------------------------------------
We determine the total estimated net countervailable subsidy rates
to be:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
T.T. International Co., Ltd............................. 22.75
JUHUA (including Zhejiang Quhua Fluor-Chemistry Co., 5.71
Ltd., and other Juhua Stock Companies).................
Jiangsu Bluestar Green Technology Co., Ltd.............. 1.87
All Others.............................................. 14.23
------------------------------------------------------------------------
As a result of our Preliminary Determination, and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation of all entries of merchandise
under consideration from the PRC that were entered or withdrawn from
warehouse, for consumption on or after April 18, 2014, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we issued instructions to
CBP to discontinue the suspension of liquidation for CVD purposes for
subject merchandise entered, or withdrawn from warehouse, on or after
August 16, 2014, but to continue the suspension of liquidation of all
entries from April 18, 2014, through August 15, 2014.
If the U.S. International Trade Commission (``ITC'') issues a final
affirmative injury determination, we will issue a CVD order and
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated CVDs for such entries of
merchandise in the amounts indicated above. If the ITC determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated and all estimated duties deposited or
securities posted as a result of the suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. 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 Compliance.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/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 which is subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: October 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
1. Whether Loans Provided by Banks Other Than the ``Big Four'' Are
Countervailable
2. Whether the Department is Properly Countervailing Loans to
Companies Producing a Disfavored Product
3. Whether AFA is Warranted With Regard to the Fluorospar for LTAR
Program & Whether the Program is Countervailable
4. Whether Partial AFA is Warranted For the Mining Rights for LTAR
Program
5. Whether the Department Should Calculate a Separate Combination
Rate for Weitron
6. Whether the Department Correctly Treated the Tax and VAT Programs
as Recurring Subsidies
7. Bluestar's Minor Corrections With Regard to Electricity
8. Whether the Department Correctly Calculated the Electricity
Benchmark
9. Whether the Department Correctly Included Purchases Made for
Trading Purchases in its Fluorspar Calculation for JUHUA
10. Whether the Department Correctly Included Purchases Made From
Trading Companies in its Fluorspar Calculation for JUHUA
11. Whether Certain Types of Financing are Countervailable
12. Whether the Department Used the Correct Denominator for Juhua
Mining
13. Whether the Department Correctly Attributed Subsidies for
Sinochem Taicang
14. Whether the Department Correctly Calculated the Benchmark for
Loan Programs
15. Whether the Department Double Counted Loans Received by Sinochem
Lantian
16. Whether the Department Correctly Calculated the Acidspar
Benchmark
17. Whether the Department Should Cumulate the Subsidy Rates of
Three AHF Suppliers to Sinochem
18. Whether the Attribution of Subsidies Received by Authorities is
a Departure from Department Practice and Results in Double Counting
of Subsidy Benefits
19. Whether the Department Properly Rejected Sinochem's August 1,
2014, Submission as Untimely
20. Whether the Department Should Apply the Program-Wide Change Rule
and Not Calculate a Subsidy Rate for the Two-Free Three-Half Program
[FR Doc. 2014-24912 Filed 10-17-14; 8:45 am]
BILLING CODE 3510-DS-P
