Ammonium Sulfate From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders, 13094-13095 [2017-04753]
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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
of dumping in the event of revocation of
the AD Order and the magnitude of the
margins likely to prevail if the order
were revoked, is provided in the
accompanying Issues and Decision
Memorandum, which is hereby adopted
by this notice.6 The Issues and 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 and to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frnl. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Dated: March 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins Likely To
Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2017–04640 Filed 3–8–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, the
Department determines that revocation
of the AD Order would be likely to lead
to continuation or recurrence of
dumping, and that the magnitude of the
dumping margins likely to prevail
would be weighted-average margins up
to 25.62 percent.
Notification to Interested Parties
asabaliauskas on DSK3SPTVN1PROD with NOTICES
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
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 which is subject to
sanction.
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act, 19 CFR 351.218, and 19 CFR
351.221(c)(5)(ii).
6 See Memorandum from James Maeder, Senior
Director, Office I, Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance, ‘‘Issues and Decision Memorandum for
the Expedited First Sunset Review of the
Antidumping Duty Order on Multilayered Wood
Flooring from the People’s Republic of China,’’
dated concurrently with this notice (Issues and
Decision Memorandum).
VerDate Sep<11>2014
17:43 Mar 08, 2017
Jkt 241001
[A–570–049, C–570–050]
Ammonium Sulfate From the People’s
Republic of China: Antidumping Duty
and Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Based on affirmative final
determinations by the Department of
Commerce (‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing
antidumping duty (‘‘AD’’) and
countervailing duty (‘‘CVD’’) orders on
ammonium sulfate from the People’s
Republic of China (‘‘PRC’’).
SUMMARY:
DATES:
Effective March 9, 2017.
Tom
Martin (AD) at (202) 482–3936 or Robert
Galantucci (CVD) at (202) 482–2923,
AD/CVD Operations, Office IV,
Enforcement and Compliance, U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the ‘‘Act’’), on January 17,
2017, and January 25, 2017,
respectively, the Department published
its affirmative final determination that
countervailable subsidies are being
provided to producers and exporters of
ammonium sulfate from the PRC and its
affirmative final determination of sales
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Fmt 4703
Sfmt 4703
at less than fair value (‘‘LTFV’’).1 On
March 2, 2017, the ITC notified the
Department of its final affirmative
determination that an industry in the
United States is materially injured by
reason of LTFV imports and subsidized
imports of ammonium sulfate from the
PRC, within the meaning of sections
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the
Act.2
Scope of the Orders
The merchandise covered by these
orders is ammonium sulfate in all
physical forms, with or without
additives such as anti-caking agents.
Ammonium sulfate, which may also be
spelled as ammonium sulphate, has the
chemical formula (NH4)2SO4.
The scope includes ammonium
sulfate that is combined with other
products, including by, for example,
blending (i.e., mixing granules of
ammonium sulfate with granules of one
or more other products), compounding
(i.e., when ammonium sulfate is
compacted with one or more other
products under high pressure), or
granulating (incorporating multiple
products into granules through, e.g., a
slurry process). For such combined
products, only the ammonium sulfate
component is covered by the scope of
these orders.
Ammonium sulfate that has been
combined with other products is
included within the scope regardless of
whether the combining occurs in
countries other than China.
Ammonium sulfate that is otherwise
subject to these orders is not excluded
when commingled (i.e., mixed or
combined) with ammonium sulfate from
sources not subject to these orders. Only
the subject component of such
commingled products is covered by the
scope of these orders.
The Chemical Abstracts Service
(‘‘CAS’’) registry number for ammonium
sulfate is 7783–20–2.
The merchandise covered by these
orders is currently classifiable under
Harmonized Tariff Schedule of the
1 See Ammonium Sulfate from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination, 82 FR 4850 (January 17, 2017)
(‘‘CVD Final Determination’’); Ammonium Sulfate
from the People’s Republic of China: Final
Affirmative Determination of Sales at Less Than
Fair Value, 82 FR 8403 (January 25, 2017) (‘‘AD
Final Determination’’).
2 See Letter to Ronald Lorentzen, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade
Commission, regarding antidumping and
countervailing duty investigations concerning
imports of ammonium sulfate from the People’s
Republic of China (Investigation Nos 701–TA–562
and 731–TA–1329), dated March 2, 2017 (‘‘ITC
Letter’’).
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13095
Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
United States (‘‘HTSUS’’) subheading
3102.21.0000. Although this HTSUS
subheading and CAS registry number
are provided for convenience and
customs purposes, the written
description of the scope of the orders is
dispositive.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Antidumping Duty Order
In accordance with section 735(d) of
the Act, the ITC has notified the
Department of its final determination
that an industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of imports of ammonium sulfate
that are sold in the United States at
LTFV. Therefore, in accordance with
section 735(c)(2) of the Act, we are
publishing this antidumping duty order.
Because the ITC determined that
imports of ammonium sulfate from the
PRC are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from the PRC, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
In accordance with section 736(a)(1)
of the Act, the Department will direct
U.S. Customs and Border Protection
(‘‘CBP’’) to assess, upon further
instruction by the Department,
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price
(or constructed export price) of the
merchandise, for all relevant entries of
ammonium sulfate from the PRC.
Antidumping duties will be assessed on
unliquidated entries of ammonium
sulfate from the PRC entered, or
withdrawn from warehouse, for
consumption on or after November 9,
2016, the date of publication of the AD
Preliminary Determination.3
Continuation of Suspension of
Liquidation (AD)
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on entries of subject merchandise from
the PRC. These instructions suspending
liquidation will remain in effect until
further notice.
We will also instruct CBP to require
cash deposits equal to the amount
indicated below. Accordingly, effective
on the date of publication of the ITC’s
final affirmative injury determination,
CBP will require, at the same time as
importers would normally deposit
estimated duties on this subject
merchandise, a cash deposit equal to the
3 See Ammonium Sulfate from the People’s
Republic of China: Preliminary Determination of
Sales at Less Than Fair Value, 81 FR 78776
(November 9, 2016).
VerDate Sep<11>2014
17:43 Mar 08, 2017
Jkt 241001
estimated weighted-average dumping
margin listed below. The Department
has made no adjustments to the
antidumping cash deposit rate because
the Department has made no findings in
the countervailing duty investigation
that any of the programs are export
subsidies.4
Suspension of Liquidation (CVD)
In accordance with section 706 of the
Act, the Department will direct CBP to
reinstitute suspension of liquidation,
effective on the date of publication of
the ITC’s notice of final determination
in the Federal Register, and to assess,
upon further instruction by the
Department pursuant to section
Estimated Weighted-Average
706(a)(1) of the Act, countervailing
Antidumping Duty Margin
duties for each entry of the subject
merchandise in an amount based on the
The weighted-average antidumping
net countervailable subsidy rate for the
duty margin is as follows:
subject merchandise. The Department
Weighted- will also direct CBP to require a cash
average
deposit for each entry of subject
Exporter/producer
margin
merchandise in an amount equal to the
(percent)
net countervailable subsidy rates listed
PRC-Wide Entity .........................
493.46 below. The All-Others rate applies to all
producers and exporters of subject
merchandise not specifically listed.
Countervailing Duty Order
In accordance with section 705(d) of
the Act, the ITC notified the Department
of its final determination that the
industry in the United States producing
ammonium sulfate is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act by reason of
subsidized imports of ammonium
sulfate from the PRC.5 Therefore, in
accordance with section 706(a) of the
Act, we are publishing this
countervailing duty order.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, the
Department will direct CBP to assess,
upon further instruction by the
Department, countervailing duties on
unliquidated entries of ammonium
sulfate entered, or withdrawn from
warehouse, for consumption on or after
November 2, 2016, the date of
publication of the CVD Preliminary
Determination.6
However, section 703(d) of the Act
states that the suspension of liquidation
pursuant to a preliminary determination
may not remain in effect for more than
four months. Therefore, entries of
ammonium sulfate made on or after
March 2, 2017, and prior to the date of
publication of the ITC’s final
determination in the Federal Register,
are not liable for the assessment of
countervailing duties, due to the
Department’s discontinuation, effective
March 2, 2017, of the suspension of
liquidation.
Exporter/producer
Subsidy
rate
(percent)
Wuzhoufeng Agricultural Science
& Technology Co. Ltd .............
Yantai Jiahe Agriculture Means
of Production Co. Ltd ..............
All-Others ....................................
206.72
206.72
206.72
Notification to Interested Parties
This notice constitutes the AD and
CVD orders with respect to ammonium
sulfate from the PRC pursuant to
sections 736(a) and 706(a) of the Act.
Interested parties can find an updated
list of orders currently in effect by either
visiting https://enforcement.trade.gov/
stats/iastats1.html or by contacting the
Department’s Central Records Unit,
Room B8024 of the main Commerce
Building.
These orders are published in
accordance with sections 706(a), 736(a),
and 777(i) of the Act, and 19 CFR
351.211(b).
Dated: March 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–04753 Filed 3–8–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee
International Trade
Administration, Commerce.
ACTION: Notice of an open meeting.
AGENCY:
4 See
AD Final Determination, 82 FR at 8404.
5 See ITC Letter.
6 See Countervailing Duty Investigation of
Ammonium Sulfate from the People’s Republic of
China: Preliminary Affirmative Determination, 81
FR 76332 (November 2, 2016).
PO 00000
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Fmt 4703
Sfmt 4703
The Renewable Energy and
Energy Efficiency Advisory Committee
SUMMARY:
E:\FR\FM\09MRN1.SGM
09MRN1
]]>Agencies
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13094-13095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04753]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-049, C-570-050]
Ammonium Sulfate From the People's Republic of China: Antidumping
Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC''), the Department is issuing antidumping duty (``AD'') and
countervailing duty (``CVD'') orders on ammonium sulfate from the
People's Republic of China (``PRC'').
DATES: Effective March 9, 2017.
FOR FURTHER INFORMATION CONTACT: Tom Martin (AD) at (202) 482-3936 or
Robert Galantucci (CVD) at (202) 482-2923, AD/CVD Operations, Office
IV, Enforcement and Compliance, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the ``Act''), on January 17, 2017, and January 25,
2017, respectively, the Department published its affirmative final
determination that countervailable subsidies are being provided to
producers and exporters of ammonium sulfate from the PRC and its
affirmative final determination of sales at less than fair value
(``LTFV'').\1\ On March 2, 2017, the ITC notified the Department of its
final affirmative determination that an industry in the United States
is materially injured by reason of LTFV imports and subsidized imports
of ammonium sulfate from the PRC, within the meaning of sections
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\
---------------------------------------------------------------------------
\1\ See Ammonium Sulfate from the People's Republic of China:
Final Affirmative Countervailing Duty Determination, 82 FR 4850
(January 17, 2017) (``CVD Final Determination''); Ammonium Sulfate
from the People's Republic of China: Final Affirmative Determination
of Sales at Less Than Fair Value, 82 FR 8403 (January 25, 2017)
(``AD Final Determination'').
\2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary
of Commerce for Enforcement and Compliance, from Rhonda K.
Schmidtlein, Chairman of the U.S. International Trade Commission,
regarding antidumping and countervailing duty investigations
concerning imports of ammonium sulfate from the People's Republic of
China (Investigation Nos 701-TA-562 and 731-TA-1329), dated March 2,
2017 (``ITC Letter'').
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these orders is ammonium sulfate in all
physical forms, with or without additives such as anti-caking agents.
Ammonium sulfate, which may also be spelled as ammonium sulphate, has
the chemical formula (NH4)2SO4.
The scope includes ammonium sulfate that is combined with other
products, including by, for example, blending (i.e., mixing granules of
ammonium sulfate with granules of one or more other products),
compounding (i.e., when ammonium sulfate is compacted with one or more
other products under high pressure), or granulating (incorporating
multiple products into granules through, e.g., a slurry process). For
such combined products, only the ammonium sulfate component is covered
by the scope of these orders.
Ammonium sulfate that has been combined with other products is
included within the scope regardless of whether the combining occurs in
countries other than China.
Ammonium sulfate that is otherwise subject to these orders is not
excluded when commingled (i.e., mixed or combined) with ammonium
sulfate from sources not subject to these orders. Only the subject
component of such commingled products is covered by the scope of these
orders.
The Chemical Abstracts Service (``CAS'') registry number for
ammonium sulfate is 7783-20-2.
The merchandise covered by these orders is currently classifiable
under Harmonized Tariff Schedule of the
[[Page 13095]]
United States (``HTSUS'') subheading 3102.21.0000. Although this HTSUS
subheading and CAS registry number are provided for convenience and
customs purposes, the written description of the scope of the orders is
dispositive.
Antidumping Duty Order
In accordance with section 735(d) of the Act, the ITC has notified
the Department of its final determination that an industry in the
United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of ammonium sulfate
that are sold in the United States at LTFV. Therefore, in accordance
with section 735(c)(2) of the Act, we are publishing this antidumping
duty order. Because the ITC determined that imports of ammonium sulfate
from the PRC are materially injuring a U.S. industry, unliquidated
entries of such merchandise from the PRC, entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
In accordance with section 736(a)(1) of the Act, the Department
will direct U.S. Customs and Border Protection (``CBP'') to assess,
upon further instruction by the Department, antidumping duties equal to
the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of ammonium sulfate from the PRC. Antidumping duties
will be assessed on unliquidated entries of ammonium sulfate from the
PRC entered, or withdrawn from warehouse, for consumption on or after
November 9, 2016, the date of publication of the AD Preliminary
Determination.\3\
---------------------------------------------------------------------------
\3\ See Ammonium Sulfate from the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value, 81 FR
78776 (November 9, 2016).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation (AD)
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from the PRC. These instructions suspending liquidation
will remain in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amount indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determination, CBP
will require, at the same time as importers would normally deposit
estimated duties on this subject merchandise, a cash deposit equal to
the estimated weighted-average dumping margin listed below. The
Department has made no adjustments to the antidumping cash deposit rate
because the Department has made no findings in the countervailing duty
investigation that any of the programs are export subsidies.\4\
---------------------------------------------------------------------------
\4\ See AD Final Determination, 82 FR at 8404.
---------------------------------------------------------------------------
Estimated Weighted-Average Antidumping Duty Margin
The weighted-average antidumping duty margin is as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
PRC-Wide Entity............................................. 493.46
------------------------------------------------------------------------
Countervailing Duty Order
In accordance with section 705(d) of the Act, the ITC notified the
Department of its final determination that the industry in the United
States producing ammonium sulfate is materially injured within the
meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized
imports of ammonium sulfate from the PRC.\5\ Therefore, in accordance
with section 706(a) of the Act, we are publishing this countervailing
duty order.
---------------------------------------------------------------------------
\5\ See ITC Letter.
---------------------------------------------------------------------------
As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, the Department will direct CBP to assess,
upon further instruction by the Department, countervailing duties on
unliquidated entries of ammonium sulfate entered, or withdrawn from
warehouse, for consumption on or after November 2, 2016, the date of
publication of the CVD Preliminary Determination.\6\
---------------------------------------------------------------------------
\6\ See Countervailing Duty Investigation of Ammonium Sulfate
from the People's Republic of China: Preliminary Affirmative
Determination, 81 FR 76332 (November 2, 2016).
---------------------------------------------------------------------------
However, section 703(d) of the Act states that the suspension of
liquidation pursuant to a preliminary determination may not remain in
effect for more than four months. Therefore, entries of ammonium
sulfate made on or after March 2, 2017, and prior to the date of
publication of the ITC's final determination in the Federal Register,
are not liable for the assessment of countervailing duties, due to the
Department's discontinuation, effective March 2, 2017, of the
suspension of liquidation.
Suspension of Liquidation (CVD)
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute suspension of liquidation, effective on the
date of publication of the ITC's notice of final determination in the
Federal Register, and to assess, upon further instruction by the
Department pursuant to section 706(a)(1) of the Act, countervailing
duties for each entry of the subject merchandise in an amount based on
the net countervailable subsidy rate for the subject merchandise. The
Department will also direct CBP to require a cash deposit for each
entry of subject merchandise in an amount equal to the net
countervailable subsidy rates listed below. The All-Others rate applies
to all producers and exporters of subject merchandise not specifically
listed.
------------------------------------------------------------------------
Subsidy
Exporter/producer rate
(percent)
------------------------------------------------------------------------
Wuzhoufeng Agricultural Science & Technology Co. Ltd........ 206.72
Yantai Jiahe Agriculture Means of Production Co. Ltd........ 206.72
All-Others.................................................. 206.72
------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
ammonium sulfate from the PRC pursuant to sections 736(a) and 706(a) of
the Act. Interested parties can find an updated list of orders
currently in effect by either visiting https://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records
Unit, Room B8024 of the main Commerce Building.
These orders are published in accordance with sections 706(a),
736(a), and 777(i) of the Act, and 19 CFR 351.211(b).
Dated: March 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-04753 Filed 3-8-17; 8:45 am]
BILLING CODE 3510-DS-P
