Calcium Hypochlorite From the People's Republic of China: Initiation of Antidumping Duty Investigation, 2410-2415 [2014-00522]
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Notices
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Foreign-Trade Zones Board
[B–81–2013]
[Order No. 1928]
Subzone 7F; Puma Energy Caribe, LLC
(Biodiesel Blending); Bayamon, Puerto
Rico
Approval of Subzone Expansion
Mitsubishi Electric Power Products
Inc.; Subzone 33D; Southwestern
Pennsylvania
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
emcdonald on DSK67QTVN1PROD with NOTICES
Whereas, the Foreign-Trade Zones Act
provides for ‘‘. . . the establishment
. . . of foreign-trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign-Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR part 400) provide for the
establishment of subzones when
existing zone facilities cannot serve the
specific use involved;
Whereas, the Regional Industrial
Development Corporation, grantee of
Foreign-Trade Zone 33, has made
application to the Board for the
expansion of Subzone 33D on behalf of
Mitsubishi Electric Power Products Inc.,
in southwestern Pennsylvania (FTZ
Docket B–79–2013, docketed 8–16–
2013);
Whereas, notice inviting public
comment has been given in the Federal
Register (78 FR 52758, 8–26–2013) and
the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s memorandum, and finds that
the requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
approves the expansion of Subzone 33D
on behalf of Mitsubishi Electric Power
Products Inc. in southwestern
Pennsylvania, as described in the
application and Federal Register notice,
subject to the FTZ Act and the Board’s
regulations, including Section 400.13.
Signed at Washington, DC, this 2nd day of
January 2014.
Christian Marsh,
Acting Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
[FR Doc. 2014–00533 Filed 1–13–14; 8:45 am]
BILLING CODE 3510–DS–P
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On August 26, 2013, Puma Energy
Caribe, LLC submitted a notification of
proposed production activity to the
Foreign-Trade Zones (FTZ) Board for its
facility within Subzone 7F, in Bayamon,
Puerto Rico.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (78 FR 54623, 9–5–
2013). Pursuant to Section 400.37, the
FTZ Board has determined that further
review is warranted and has not
authorized the proposed activity. If the
applicant wishes to seek authorization
for this activity, it will need to submit
an application for production authority,
pursuant to Section 400.23.
Register (78 FR 40426–40427, 7–5–
2013) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
WHEREAS, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations would be satisfied if
approval is limited to Blackford, Jay,
LaGrange and Steuben Counties;
NOW, THEREFORE, the Board hereby
orders:
The application to reorganize FTZ 182
to expand the service area under the
ASF is approved with regard to
Blackford, Jay, LaGrange and Steuben
Counties, subject to the FTZ Act and the
Board’s regulations, including Section
400.13, and to the Board’s standard
2,000-acre activation limit for the zone.
Signed at Washington, DC, this 2nd day of
January 2014.
Christian Marsh,
Acting Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
[FR Doc. 2014–00531 Filed 1–13–14; 8:45 am]
BILLING CODE 3510–DS–P
Dated: January 9, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014–00535 Filed 1–13–14; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
BILLING CODE 3510–DS–P
[A–570–008]
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1927]
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
WHEREAS, the Board adopted the
alternative site framework (ASF) (15
CFR Sec. 400.2(c)) as an option for the
establishment or reorganization of
zones;
WHEREAS, the City of Fort Wayne,
grantee of Foreign-Trade Zone 182,
submitted an application to the Board
(FTZ Docket B–71–2013, docketed 6–
28–2013) for authority to expand the
service area of the zone to include
Blackford, Jay, LaGrange, Randolph and
Steuben Counties, as described in the
application, adjacent to the Fort Wayne
Customs and Border Protection port of
entry;
WHEREAS, notice inviting public
comment was given in the Federal
Frm 00004
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Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 14, 2014.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, Office V, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2593.
SUPPLEMENTARY INFORMATION:
AGENCY:
Reorganization of Foreign-Trade Zone
182 (Expansion of Service Area) Under
Alternative Site Framework; Fort
Wayne, Indiana
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Calcium Hypochlorite From the
People’s Republic of China: Initiation
of Antidumping Duty Investigation
Sfmt 4703
The Petition
On December 18, 2013, the
Department of Commerce
(‘‘Department’’) received an
antidumping duty (‘‘AD’’) petition
concerning imports of calcium
hypochlorite from the People’s Republic
of China (‘‘PRC’’), filed in proper form
on behalf of Arch Chemicals, Inc.
(‘‘Petitioner’’), a domestic producer of
calcium hypochlorite.1 The AD Petition
1 See ‘‘Petition for the Imposition of Antidumping
and Countervailing Duties on Calcium Hypochlorite
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Notices
was accompanied by a countervailing
duty (‘‘CVD’’) petition concerning
imports of calcium hypochlorite from
the PRC. On December 19, 2013, and
December 24, 2013, the Department
requested additional information and
clarification of certain areas of the
Petition, and on December 23, 2013, and
December 30, 2013, Petitioner filed a
response to each request.2
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
‘‘Act’’), Petitioner alleges that imports of
calcium hypochlorite from the PRC are
being, or are likely to be, sold in the
United States at less than fair value
within the meaning of section 731 of the
Act, and that such imports are
materially injuring, or threatening
material injury to, an industry in the
United States. Also, consistent with
section 732(b)(1) of the Act, the Petition
is accompanied by information
reasonably available to Petitioner in
support of its allegations.
The Department finds that Petitioner
filed this Petition on behalf of the
domestic industry because Petitioner is
an interested party as defined in section
771(9)(C) of the Act. The Department
also finds that Petitioner has
demonstrated sufficient industry
support with respect to the initiation of
the AD investigation that Petitioner is
requesting.3
Period of Investigation
The period of investigation (‘‘POI’’) is
April 1, 2013, through September 30,
2013, in accordance with 19 CFR
351.204(b)(1).
Scope of the Investigation
The product covered by this
investigation is calcium hypochlorite
from the PRC. For a full description of
the scope of the investigation, please see
the ‘‘Scope of Investigation’’ in the
appendix to this notice.
Comments on the Scope of the
Investigation
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During our review of the Petition, we
solicited information from Petitioner to
ensure that the proposed scope language
is an accurate reflection of the product
from the People’s Republic of China,’’ dated
December 18, 2013 (hereafter referred to as the
‘‘Petition’’).
2 See Petitioner’s December 23, 2013, filing titled,
‘‘Calcium Hypochlorite from the People’s Republic
of China: Response to Supplemental Questions’’
(‘‘PRC AD Supplement’’); see also Petitioner’s
December 30, 2013, filing titled, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Calcium Hypochlorite from the People’s Republic of
China: Response to General Supplemental
Questions’’.
3 See ‘‘Determination of Industry Support for the
Petition’’ section, below.
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for which the domestic industry is
seeking relief. Moreover, as discussed in
the preamble to the Department’s
regulations,4 we are setting aside a
period for interested parties to raise
issues regarding product coverage. The
Department encourages all interested
parties to submit such comments by
January 27, 2014, which is 20 calendar
days from the signature date of this
notice. All comments must be filed on
the record of the AD investigation, as
well as the concurrent CVD
investigation.
Comments on the Product
Characteristics for AD Questionnaire
The Department requests comments
from interested parties regarding the
appropriate physical characteristics of
calcium hypochlorite to be reported in
response to the Department’s AD
questionnaire. This information will be
used to identify the key physical
characteristics of the merchandise under
consideration in order to report the
relevant factors and costs of production
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics and (2) productcomparison criteria. We note that it is
not always appropriate to use all
product characteristics as productcomparison criteria. We base productcomparison criteria on meaningful
commercial differences among products.
In other words, while there may be
some physical product characteristics
utilized by manufacturers to describe
calcium hypochlorite, it may be that
only a select few product characteristics
take into account commercially
meaningful physical characteristics. In
addition, interested parties may
comment on the order in which the
physical characteristics should be used
in matching products. Generally, the
Department attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaire, we must
receive comments on product
characteristics no later than January 27,
2014. Rebuttal comments must be
received no later than February 3, 2014.
4 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
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All comments and submissions to the
Department must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’).
Filing Requirements
All submissions to the Department
must be filed electronically using IA
ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5 p.m. on the due date. Documents
excepted from the electronic submission
requirements must be filed manually
(i.e., in paper form) with the
Enforcement and Compliance’s APO/
Dockets Unit, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, and stamped
with the date and time of receipt by the
deadline established by the
Department.5
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) if there is a
large number of producers in the
industry, the Department may
determine industry support using a
statistically valid sampling method to
poll the industry.
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
5 19 CFR 351.303(b)(1). Information on help using
IA ACCESS can be found at https://iaaccess.trade.
gov/help.aspx and a handbook can be found at
https://iaaccess.trade.gov/help/Handbook%20on
%20Electronic%20Filing%20Procedures.pdf.
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Notices
producers and workers who produce the
domestic like product. The U.S.
International Trade Commission
(‘‘ITC’’), which is responsible for
determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both the Department
and the ITC must apply the same
statutory definition regarding the
domestic like product,6 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.7
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, Petitioner does not offer a
definition of domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
record, we have determined that
calcium hypochlorite, as defined in the
scope of the investigation, constitutes a
single domestic like product and we
have analyzed industry support in terms
of that domestic like product.8
In determining whether Petitioner has
standing under section 732(c)(4)(A) of
the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of
Investigation’’ section above. To
establish industry support, Petitioner
provided its production of the domestic
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6 See
section 771(10) of the Act.
7 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
8 See Antidumping Duty Investigation Initiation
Checklist: Calcium Hypochlorite from the People’s
Republic of China (‘‘AD Initiation Checklist’’), at
Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Calcium Hypochlorite from the People’s
Republic of China (‘‘Attachment II’’). This checklist
is dated concurrently with this notice and on file
electronically via IA ACCESS. Access to documents
filed via IA ACCESS is also available in the Central
Records Unit (‘‘CRU’’), Room 7046 of the main
Department of Commerce building.
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like product in 2012, and compared this
to the estimated total production of the
domestic like product for the entire
domestic industry.9 Petitioner estimated
total 2012 production of the domestic
like product using its own production
data and knowledge of the industry.10
We have relied upon data Petitioner
provided for purposes of measuring
industry support.11
Based on information provided in the
Petition, supplemental submission, and
other information readily available to
the Department, we determine that
Petitioner has met the statutory criteria
for industry support under section
732(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who
support the Petition account for at least
25 percent of the total production of the
domestic like product.12 Based on
information provided in the Petition,
the domestic producers (or workers)
have met the statutory criteria for
industry support under section
732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who
support the Petition account for more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
Petition. Accordingly, the Department
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.13
The Department finds that Petitioner
filed the Petition on behalf of the
domestic industry because it is an
interested party as defined in section
771(9)(C) of the Act and it has
demonstrated sufficient industry
support with respect to the antidumping
duty investigation that it is requesting
the Department initiate.14
Allegations and Evidence of Material
Injury and Causation
Petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than normal
value (‘‘NV’’). In addition, Petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.15
Petitioner contends that the industry’s
injured condition is illustrated by
9 See Volume I of the Petition, at 3–4 and Exhibit
GEN–2.
10 Id.
11 See AD Initiation Checklist, at Attachment II.
12 Id.
13 Id.
14 Id.
15 See Volume I of the Petition, at 18.
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reduced market share; underselling and
price depression or suppression; lost
sales and revenues; reduced production
and capacity utilization; decline in
employment variables; and decline in
financial performance.16 We have
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, and causation,
and we have determined that these
allegations are properly supported by
adequate evidence and meet the
statutory requirements for initiation.17
Allegation of Sales at Less Than Fair
Value
The following is a description of the
allegation of sales at less than fair value
upon which the Department has based
its decision to initiate investigations of
imports of calcium hypochlorite from
the PRC. The sources of data for the
deductions and adjustments relating to
U.S. price and NV are discussed in
greater detail in the AD Initiation
Checklist.
Export Price
Petitioner based export price (‘‘EP’’)
on the POI average unit values
(‘‘AUVs’’) of U.S. imports of calcium
hypochlorite from the PRC, under the
Harmonized Tariff Schedule of the
United States subheading
2828.10.0000.18 From the POI AUV,
Petitioner deducted an amount for
foreign brokerage and handling charges
in the PRC and foreign inland freight
from the manufacturing plant to the port
of exportation.19 Petitioner made no
other adjustments.20
Normal Value
Petitioner states that the Department
has treated the PRC as a non-market
economy (‘‘NME’’) country in every
proceeding in which the PRC has been
involved.21 The presumption of NME
status for the PRC has not been revoked
by the Department and, therefore, in
accordance with section 771(18)(C)(i) of
the Act, remains in effect for purposes
of the initiation of this investigation.
16 See Volume I of the Petition, at 17–30 and
Exhibits INJ–1 through INJ–8.
17 See AD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Petitions Covering
Calcium Hypochlorite from the People’s Republic of
China.
18 See AD Initiation Checklist at 5–6; see also
Volume II of the Petition, at 4 and Exhibits AD–4,
AD–5 and AD–14; and PRC AD Supplement, at
2–4 and revised Exhibit AD–14.
19 See AD Initiation Checklist at 5–6; see also
Volume II of the Petition, at Exhibits AD–6 through
AD–14; and PRC AD Supplement, at 2–4 and
revised Exhibits AD–9, AD–11, and AD–14, and
Exhibits AD–28 and AD–29.
20 Id.
21 See Volume II of the Petition, at 1–2.
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Accordingly, the NV of the product for
the investigation is appropriately based
on factors of production valued in a
surrogate market-economy country in
accordance with section 773(c) of the
Act. In the course of this investigation,
all parties will have the opportunity to
provide relevant information related to
the issues of the PRC’s NME status and
granting of separate rates to individual
exporters.
Petitioner contends that the
Philippines is the appropriate surrogate
country for the PRC because: (1) It is at
a level of economic development
comparable to that of the PRC; and (2)
it is a significant producer of
comparable merchandise.22 Based on
the information provided by Petitioner,
we conclude that it is appropriate to use
the Philippines as a surrogate country
for initiation purposes.23 After initiation
of this investigation, interested parties
will have the opportunity to submit
comments regarding surrogate country
selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value factors of
production (‘‘FOPs’’) within 30 days
before the scheduled date of the
preliminary determination.24
Petitioner calculated NV using the
Department’s NME methodology as
required by 19 CFR 351.202(b)(7)(i)(C)
and 19 CFR 351.408. Petitioner based its
NV on two different production
methods.25 For a non-integrated
production process, which Petitioner
believes to be comparable to calcium
hypochlorite producers in the PRC,
Petitioner based NV on its own U.S
production experience during the time
period January–September 2013.26 For
the production process of an integrated
producer of calcium hypochlorite,
Petitioner based NV on a 2009
feasibility study conducted by Petitioner
that analyzed the costs associated with
setting up a fully integrated facility.27
This study was supported by an
affidavit from the individual who
assisted with the calculation of expected
per-kg factors of production (‘‘FOPs’’).28
Petitioner also submitted information
indicating that at least one major PRC
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22 Id.,
at 2–4 and Exhibits AD–2 and AD–3.
AD Initiation Checklist.
24 See 19 CFR 351.301(c)(3)(i). Note that this is
the revised regulation published on April 10, 2013.
See https://enforcement.trade.gov/frn/2013/1304frn/
2013-08227.txt.
25 See Volume II of the Petition, at 5–6.
26 Id., at 5–6 and Exhibits AD–17 and AD–19.
27 Id., at 6 and Exhibits AD–16, AD–17 and AD–
19.
28 Id., at Exhibit AD–18.
23 See
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producer employs an integrated
production process.29
Petitioner valued the factors of
production using reasonably available,
public surrogate country data,
specifically, Philippine import data
from the Global Trade Atlas (‘‘GTA’’) for
the most recent six-month period for
which data was available (i.e., March
2013 through August 2013).30 Petitioner
excluded from these GTA import
statistics imports from NME countries,
countries that maintain broadly
available export subsidies, and any
imports from ‘‘unspecified’’ countries.31
Further, Petitioner made currency
conversions, where applicable, based on
the POI-average Philippine Peso/U.S.
dollar exchange rates.32 The Department
determines that the surrogate values
used by Petitioner are reasonably
available and, thus, are acceptable for
purposes of initiation.
Petitioner determined direct materials
costs from Philippine import data from
the GTA.33 Petitioner applied certain
conversion factors to align the units of
measure with its own FOPs.34 Petitioner
calculated financial ratios (i.e., factory
overhead expenses, selling, general, and
administrative (‘‘SG&A’’) expenses, and
profit) on the financial statements of
Mabuhay Vinyl Corporation (‘‘Mabuhay
Vinyl’’), a Philippine manufacturer of
sodium hypochlorite (a product that
Petitioner claims is comparable to
calcium hypochlorite), for the year
ending December 31, 2012.35
Fair Value Comparisons
Based on the data provided by
Petitioner, there is reason to believe that
imports of calcium hypochlorite from
the PRC are being, or are likely to be,
sold in the United States at less than fair
value. Based on comparisons of EP to
NV for both integrated and nonintegrated production processes in
accordance with section 773(c) of the
Act, Petitioner calculated the estimated
dumping margins to be 182.51–210.52
percent with respect to imports of
calcium hypochlorite from the PRC.36
Initiation of AD Investigation
Based on our examination of the
Petition on calcium hypochlorite from
the PRC, the Department finds that the
Petition meets the requirements of
section 732 of the Act. Therefore, we are
29 Id.,
at 5 and Exhibit AD–15.
at Exhibit AD–20.
31 Id., at 6.
32 Id., at Exhibit AD–13.
33 Id., at 6–7 and Exhibit AD–20.
34 Id., at Exhibit AD–17.
35 Id., at 8 and Exhibit AD–26.
36 See PRC AD Supplement, at 3–4 and Exhibit
AD–27.
30 Id.,
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2413
initiating an AD investigation to
determine whether imports of calcium
hypochlorite from the PRC are being, or
likely to be, sold in the United States at
less than fair value. In accordance with
section 733(b)(1)(A) of the Act and 19
CFR 351.205(b)(1), unless postponed,
we will issue our preliminary
determination no later than 140 days
after the publication date of this
initiation. For a discussion of evidence
supporting our initiation determination,
see the AD Initiation Checklist which
accompanies this notice.
Respondent Selection and Quantity and
Value Questionnaire
In accordance with our standard
practice for respondent selection in AD
investigations involving NME countries,
we intend to issue quantity and value
questionnaires to each potential
respondent, and will base respondent
selection on the responses received. In
addition, the Department will post the
quantity and value questionnaire along
with the filing instructions on the
Enforcement and Compliance Web site
(https://www.trade.gov/enforcement/
news.asp). Exporters and producers of
calcium hypochlorite from the PRC that
do not receive quantity and value
questionnaires via mail may still submit
a quantity and value response, and can
obtain a copy from the Enforcement and
Compliance Web site. The quantity and
value questionnaire must be submitted
by all PRC exporters/producers no later
than January 21, 2014. All quantity and
value questionnaires must be filed
electronically using IA ACCESS.
Separate Rates
In order to obtain separate rate status
in an NME AD investigation, exporters
and producers must submit a separate
rate application.37 The specific
requirements for submitting the separate
rate application in the PRC investigation
are outlined in detail in the application
itself, which will be available on the
Department’s Web site at https://
trade.gov/enforcement/ia-highlightsand-news.html on the date of
publication of this initiation notice in
the Federal Register. The separate rate
application will be due 60 days after the
publication of this initiation notice. For
exporters and producers who submit a
separate rate status application and have
been selected as mandatory
respondents, these exporters and
37 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving Non-Market
Economy Countries (April 5, 2005) (Separate Rates
and Combination Rates Bulletin), available on the
Department’s Web site at https://
enforcement.trade.gov/policy/).
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producers will no longer be eligible for
consideration for separate rate status
unless they respond to all parts of the
Department’s AD questionnaire as
mandatory respondents. The
Department requires that the PRC
respondents submit a response to the
separate rate application by the deadline
referenced above in order to receive
consideration for separate rate status.
Use of Combination Rates
The Department will calculate
combination rates for certain
respondents that are eligible for a
separate rate in an NME investigation.
The Separate Rates and Combination
Rates Bulletin states:
{w}hile continuing the practice of
assigning separate rates only to exporters, all
separate rates that the Department will now
assign in its NME investigations will be
specific to those producers that supplied the
exporter during the period of investigation.
Note, however, that one rate is calculated for
the exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.38
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act, and 19 CFR
351.202(f), copies of the public version
of the Petition have been provided to
the Government of the PRC. Because of
the particularly large number of
producers/exporters identified in the
Petition, the Department considers the
service of the public version of the
Petition to the foreign producers/
exporters to be satisfied by the provision
of the public version of the Petition to
the Government of the PRC, consistent
with 19 CFR 351.203(c)(2).
emcdonald on DSK67QTVN1PROD with NOTICES
ITC Notification
We have notified the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
38 See Separate Rates and Combination Rates
Bulletin at 6 (emphasis added).
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16:32 Jan 13, 2014
Jkt 232001
calcium hypochlorite from the PRC
materially injure, or threaten material
injury to, a U.S. industry.39 A negative
ITC determination will result in the
investigation being terminated.40
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
On April 10, 2013, the Department
published Definition of Factual
Information and Time Limits for
Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10,
2013), which modified two regulations
related to AD and CVD proceedings: 1)
The definition of factual information (19
CFR 351.102(b)(21)), and 2) the time
limits for the submission of factual
information (19 CFR 351.301). The final
rule identifies five categories of factual
information in 19 CFR 351.102(b)(21),
which are summarized as follows: (i)
Evidence submitted in response to
questionnaires; (ii) evidence submitted
in support of allegations; (iii) publicly
available information to value factors
under 19 CFR 351.408(c) or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2); (iv) evidence placed
on the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The final rule
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
final rule also modified 19 CFR 351.301
so that, rather than providing general
time limits, there are specific time limits
based on the type of factual information
being submitted. These modifications
are effective for all proceeding segments
initiated on or after May 10, 2013, and
thus are applicable to this investigation.
Please review the final rule, available at
https://enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information for this
investigation.
Revised Extension of Time Limits
Regulation
On September 20, 2013, the
Department modified its regulation
concerning the extension of time limits
for submissions in AD and CVD
proceedings. The modification clarifies
39 See
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.41
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials as
well as their representatives in all AD or
CVD investigations or proceedings
initiated on or after August 16, 2013,
section 733(a) of the Act.
40 Id.
PO 00000
that parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by the Secretary. In
general, an extension request will be
considered untimely if it is filed after
the time limit established under Part
351 expires. For submissions which are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) Case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under
section 19 CFR 351.408(c), or to
measure the adequacy of remuneration
under section 19 CFR 351.511(a)(2),
filed pursuant to 19 CFR 351.301(c)(3)
and rebuttal, clarification and correction
filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Review Extension of
Time Limits; Final Rule, available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in this
segment.
Frm 00008
41 See
Fmt 4703
Sfmt 4703
E:\FR\FM\14JAN1.SGM
section 782(b) of the Act.
14JAN1
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including this investigation.42 The
formats for the revised certifications are
provided at the end of the Final Rule.
The Department intends to reject factual
submissions if the submitting party does
not comply with the revised
certification requirements.
written description of the scope of this
investigation is dispositive.
Notification to Interested Parties
International Trade Administration
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Department’s Web
site at https://enforcement.trade.gov/
apo/.
This notice is issued and published
pursuant to section 777(i) of the Act.
[A–570–912]
Dated: January 7, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
emcdonald on DSK67QTVN1PROD with NOTICES
Scope of the Investigation
The product covered by this investigation
is calcium hypochlorite, regardless of form
(e.g., powder, tablet (compressed), crystalline
(granular), or in liquid solution), whether or
not blended with other materials, containing
at least 10% available chlorine measured by
actual weight. The scope also includes
bleaching powder and hemibasic calcium
hypochlorite.
Calcium hypochlorite has the general
chemical formulation Ca(OCl)2, but may also
be sold in a more dilute form as bleaching
powder with the chemical formulation,
Ca(OCl)2.CaCl2.Ca(OH)2.2H2O or hemibasic
calcium hypochlorite with the chemical
formula of 2Ca(OCl)2.Ca(OH)2 or
Ca(OCl)2.0.5Ca(OH)2. Calcium hypochlorite
has a Chemical Abstract Service (‘‘CAS’’)
registry number of 7778–54–3, and a U.S.
Environmental Protection Agency (‘‘EPA)
Pesticide Code (‘‘PC’’) Number of 014701.
The subject calcium hypochlorite has an
International Maritime Dangerous Goods
(‘‘IMDG’’) code of Class 5.1 UN 1748, 2880,
or 2208 or Class 5.1/8 UN 3485, 3486, or
3487.
Calcium hypochlorite is currently
classifiable under the subheading
2828.10.0000 of the Harmonized Tariff
Schedule of the United States (‘‘HTSUS’’).
The subheading covers commercial calcium
hypochlorite and other calcium hypochlorite.
When tableted or blended with other
materials, calcium hypochlorite may be
entered under other tariff classifications,
such as 3808.94.5000 and 3808.99.9500,
which cover disinfectants and similar
products. While the HTSUS subheadings, the
CAS registry number, the U.S. EPA PC
number, and the IMDG codes are provided
for convenience and customs purposes, the
42 See Certifications of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’).
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16:32 Jan 13, 2014
Jkt 232001
[FR Doc. 2014–00522 Filed 1–13–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Certain New Pneumatic Off-The-Road
Tires From the People’s Republic of
China: Final Results of the Expedited
Sunset Review of the Antidumping
Duty Order
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2013, the
Department of Commerce (‘‘the
Department’’) initiated the sunset
review of the antidumping duty order
on certain new pneumatic off-the-road
tires (‘‘OTR tires’’) from the People’s
Republic of China (‘‘PRC’’) pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (‘‘the Act’’). As a result of
its analysis, the Department finds that
revocation of the antidumping duty
order would be likely to lead to
continuation or recurrence of dumping
at the margins indicated in the ‘‘Final
Results of Sunset Review’’ section of
this notice.
DATES: Effective Date: January 14, 2014.
FOR FURTHER INFORMATION CONTACT:
Demitrios Kalogeropoulos, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2623.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 1, 2013, the Department
published the notice of initiation of the
sunset review of the antidumping duty
order on OTR tires from the PRC,
pursuant to Section 751(c) of the Act.1
The Department received a notice of
intent to participate from Titan Tire
Corporation (‘‘Titan’’) and the United
Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO–CLC
(‘‘USW’’) (collectively, ‘‘domestic
interested parties’’). Titan claimed
interested party status under section
771(9)(C) of the Act, as a domestic
producer of the domestic like product.
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78
FR 46575 (August 1, 2013).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
2415
USW claimed interested party status
under section 771(9)(D) of the Act as a
certified or recognized union
representing workers engaged in
manufacturing the domestic like
product.
On September 3, 2013, the
Department received an adequate
substantive response from the domestic
interested parties identified above
within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i). The
Department did not receive a
substantive response from any
respondent interested party. As a result,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
the Department has conducted an
expedited (120-day) sunset review of the
antidumping duty order on OTR tires
from the PRC.
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.2
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days.
Scope of the Order
The products covered by the order are
new pneumatic tires designed for offthe-road and off-highway use, subject to
certain exceptions. The subject
merchandise is currently classifiable
under Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’)
subheadings: 4011.20.10.25,
4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00,
4011.69.00.00, 4011.92.00.00,
4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. While
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope is
dispositive.
For a full description of the scope, see
‘‘Issues and Decision Memorandum for
the Final Results of Expedited First
Sunset Review of the Antidumping Duty
Order on New Pneumatic Off-The-Road
Tires from the People’s Republic of
China,’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and
Compliance, dated December 16, 2013
(‘‘Issues and Decision Memorandum’’).
2 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government.’’
E:\FR\FM\14JAN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Pages 2410-2415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00522]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-008]
Calcium Hypochlorite From the People's Republic of China:
Initiation of Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: January 14, 2014.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, Office V, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593.
SUPPLEMENTARY INFORMATION:
The Petition
On December 18, 2013, the Department of Commerce (``Department'')
received an antidumping duty (``AD'') petition concerning imports of
calcium hypochlorite from the People's Republic of China (``PRC''),
filed in proper form on behalf of Arch Chemicals, Inc.
(``Petitioner''), a domestic producer of calcium hypochlorite.\1\ The
AD Petition
[[Page 2411]]
was accompanied by a countervailing duty (``CVD'') petition concerning
imports of calcium hypochlorite from the PRC. On December 19, 2013, and
December 24, 2013, the Department requested additional information and
clarification of certain areas of the Petition, and on December 23,
2013, and December 30, 2013, Petitioner filed a response to each
request.\2\
---------------------------------------------------------------------------
\1\ See ``Petition for the Imposition of Antidumping and
Countervailing Duties on Calcium Hypochlorite from the People's
Republic of China,'' dated December 18, 2013 (hereafter referred to
as the ``Petition'').
\2\ See Petitioner's December 23, 2013, filing titled, ``Calcium
Hypochlorite from the People's Republic of China: Response to
Supplemental Questions'' (``PRC AD Supplement''); see also
Petitioner's December 30, 2013, filing titled, ``Petition for the
Imposition of Antidumping Duties on Imports of Calcium Hypochlorite
from the People's Republic of China: Response to General
Supplemental Questions''.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the ``Act''), Petitioner alleges that imports of calcium
hypochlorite from the PRC are being, or are likely to be, sold in the
United States at less than fair value within the meaning of section 731
of the Act, and that such imports are materially injuring, or
threatening material injury to, an industry in the United States. Also,
consistent with section 732(b)(1) of the Act, the Petition is
accompanied by information reasonably available to Petitioner in
support of its allegations.
The Department finds that Petitioner filed this Petition on behalf
of the domestic industry because Petitioner is an interested party as
defined in section 771(9)(C) of the Act. The Department also finds that
Petitioner has demonstrated sufficient industry support with respect to
the initiation of the AD investigation that Petitioner is
requesting.\3\
---------------------------------------------------------------------------
\3\ See ``Determination of Industry Support for the Petition''
section, below.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (``POI'') is April 1, 2013, through
September 30, 2013, in accordance with 19 CFR 351.204(b)(1).
Scope of the Investigation
The product covered by this investigation is calcium hypochlorite
from the PRC. For a full description of the scope of the investigation,
please see the ``Scope of Investigation'' in the appendix to this
notice.
Comments on the Scope of the Investigation
During our review of the Petition, we solicited information from
Petitioner to ensure that the proposed scope language is an accurate
reflection of the product for which the domestic industry is seeking
relief. Moreover, as discussed in the preamble to the Department's
regulations,\4\ we are setting aside a period for interested parties to
raise issues regarding product coverage. The Department encourages all
interested parties to submit such comments by January 27, 2014, which
is 20 calendar days from the signature date of this notice. All
comments must be filed on the record of the AD investigation, as well
as the concurrent CVD investigation.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
---------------------------------------------------------------------------
Comments on the Product Characteristics for AD Questionnaire
The Department requests comments from interested parties regarding
the appropriate physical characteristics of calcium hypochlorite to be
reported in response to the Department's AD questionnaire. This
information will be used to identify the key physical characteristics
of the merchandise under consideration in order to report the relevant
factors and costs of production accurately, as well as to develop
appropriate product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics and (2) product-comparison criteria. We note that it is
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful
commercial differences among products. In other words, while there may
be some physical product characteristics utilized by manufacturers to
describe calcium hypochlorite, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, the Department attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaire, we must receive comments
on product characteristics no later than January 27, 2014. Rebuttal
comments must be received no later than February 3, 2014. All comments
and submissions to the Department must be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS'').
Filing Requirements
All submissions to the Department must be filed electronically
using IA ACCESS. An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. on the due date. Documents excepted from
the electronic submission requirements must be filed manually (i.e., in
paper form) with the Enforcement and Compliance's APO/Dockets Unit,
Room 1870, U.S. Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, and stamped with the date and time of
receipt by the deadline established by the Department.\5\
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\5\ 19 CFR 351.303(b)(1). Information on help using IA ACCESS
can be found at https://iaaccess.trade.gov/help.aspx and a handbook
can be found at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) if there is a large number of producers in
the industry, the Department may determine industry support using a
statistically valid sampling method to poll the industry.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to
[[Page 2412]]
producers and workers who produce the domestic like product. The U.S.
International Trade Commission (``ITC''), which is responsible for
determining whether ``the domestic industry'' has been injured, must
also determine what constitutes a domestic like product in order to
define the industry. While both the Department and the ITC must apply
the same statutory definition regarding the domestic like product,\6\
they do so for different purposes and pursuant to a separate and
distinct authority. In addition, the Department's determination is
subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\7\
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\6\ See section 771(10) of the Act.
\7\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, Petitioner does not offer
a definition of domestic like product distinct from the scope of the
investigation. Based on our analysis of the information submitted on
the record, we have determined that calcium hypochlorite, as defined in
the scope of the investigation, constitutes a single domestic like
product and we have analyzed industry support in terms of that domestic
like product.\8\
---------------------------------------------------------------------------
\8\ See Antidumping Duty Investigation Initiation Checklist:
Calcium Hypochlorite from the People's Republic of China (``AD
Initiation Checklist''), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Calcium Hypochlorite from the People's Republic of China
(``Attachment II''). This checklist is dated concurrently with this
notice and on file electronically via IA ACCESS. Access to documents
filed via IA ACCESS is also available in the Central Records Unit
(``CRU''), Room 7046 of the main Department of Commerce building.
---------------------------------------------------------------------------
In determining whether Petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of Investigation'' section above. To
establish industry support, Petitioner provided its production of the
domestic like product in 2012, and compared this to the estimated total
production of the domestic like product for the entire domestic
industry.\9\ Petitioner estimated total 2012 production of the domestic
like product using its own production data and knowledge of the
industry.\10\ We have relied upon data Petitioner provided for purposes
of measuring industry support.\11\
---------------------------------------------------------------------------
\9\ See Volume I of the Petition, at 3-4 and Exhibit GEN-2.
\10\ Id.
\11\ See AD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
Based on information provided in the Petition, supplemental
submission, and other information readily available to the Department,
we determine that Petitioner has met the statutory criteria for
industry support under section 732(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who support the Petition account for at
least 25 percent of the total production of the domestic like
product.\12\ Based on information provided in the Petition, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petition account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petition. Accordingly, the Department determines
that the Petition was filed on behalf of the domestic industry within
the meaning of section 732(b)(1) of the Act.\13\
---------------------------------------------------------------------------
\12\ Id.
\13\ Id.
---------------------------------------------------------------------------
The Department finds that Petitioner filed the Petition on behalf
of the domestic industry because it is an interested party as defined
in section 771(9)(C) of the Act and it has demonstrated sufficient
industry support with respect to the antidumping duty investigation
that it is requesting the Department initiate.\14\
---------------------------------------------------------------------------
\14\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
Petitioner alleges that the U.S. industry producing the domestic
like product is being materially injured, or is threatened with
material injury, by reason of the imports of the subject merchandise
sold at less than normal value (``NV''). In addition, Petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\15\
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\15\ See Volume I of the Petition, at 18.
---------------------------------------------------------------------------
Petitioner contends that the industry's injured condition is
illustrated by reduced market share; underselling and price depression
or suppression; lost sales and revenues; reduced production and
capacity utilization; decline in employment variables; and decline in
financial performance.\16\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, and causation, and we have determined that these allegations
are properly supported by adequate evidence and meet the statutory
requirements for initiation.\17\
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\16\ See Volume I of the Petition, at 17-30 and Exhibits INJ-1
through INJ-8.
\17\ See AD Initiation Checklist, at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Petitions Covering Calcium Hypochlorite from the People's Republic
of China.
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Allegation of Sales at Less Than Fair Value
The following is a description of the allegation of sales at less
than fair value upon which the Department has based its decision to
initiate investigations of imports of calcium hypochlorite from the
PRC. The sources of data for the deductions and adjustments relating to
U.S. price and NV are discussed in greater detail in the AD Initiation
Checklist.
Export Price
Petitioner based export price (``EP'') on the POI average unit
values (``AUVs'') of U.S. imports of calcium hypochlorite from the PRC,
under the Harmonized Tariff Schedule of the United States subheading
2828.10.0000.\18\ From the POI AUV, Petitioner deducted an amount for
foreign brokerage and handling charges in the PRC and foreign inland
freight from the manufacturing plant to the port of exportation.\19\
Petitioner made no other adjustments.\20\
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\18\ See AD Initiation Checklist at 5-6; see also Volume II of
the Petition, at 4 and Exhibits AD-4, AD-5 and AD-14; and PRC AD
Supplement, at 2-4 and revised Exhibit AD-14.
\19\ See AD Initiation Checklist at 5-6; see also Volume II of
the Petition, at Exhibits AD-6 through AD-14; and PRC AD Supplement,
at 2-4 and revised Exhibits AD-9, AD-11, and AD-14, and Exhibits AD-
28 and AD-29.
\20\ Id.
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Normal Value
Petitioner states that the Department has treated the PRC as a non-
market economy (``NME'') country in every proceeding in which the PRC
has been involved.\21\ The presumption of NME status for the PRC has
not been revoked by the Department and, therefore, in accordance with
section 771(18)(C)(i) of the Act, remains in effect for purposes of the
initiation of this investigation.
[[Page 2413]]
Accordingly, the NV of the product for the investigation is
appropriately based on factors of production valued in a surrogate
market-economy country in accordance with section 773(c) of the Act. In
the course of this investigation, all parties will have the opportunity
to provide relevant information related to the issues of the PRC's NME
status and granting of separate rates to individual exporters.
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\21\ See Volume II of the Petition, at 1-2.
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Petitioner contends that the Philippines is the appropriate
surrogate country for the PRC because: (1) It is at a level of economic
development comparable to that of the PRC; and (2) it is a significant
producer of comparable merchandise.\22\ Based on the information
provided by Petitioner, we conclude that it is appropriate to use the
Philippines as a surrogate country for initiation purposes.\23\ After
initiation of this investigation, interested parties will have the
opportunity to submit comments regarding surrogate country selection
and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an
opportunity to submit publicly available information to value factors
of production (``FOPs'') within 30 days before the scheduled date of
the preliminary determination.\24\
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\22\ Id., at 2-4 and Exhibits AD-2 and AD-3.
\23\ See AD Initiation Checklist.
\24\ See 19 CFR 351.301(c)(3)(i). Note that this is the revised
regulation published on April 10, 2013. See https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt.
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Petitioner calculated NV using the Department's NME methodology as
required by 19 CFR 351.202(b)(7)(i)(C) and 19 CFR 351.408. Petitioner
based its NV on two different production methods.\25\ For a non-
integrated production process, which Petitioner believes to be
comparable to calcium hypochlorite producers in the PRC, Petitioner
based NV on its own U.S production experience during the time period
January-September 2013.\26\ For the production process of an integrated
producer of calcium hypochlorite, Petitioner based NV on a 2009
feasibility study conducted by Petitioner that analyzed the costs
associated with setting up a fully integrated facility.\27\ This study
was supported by an affidavit from the individual who assisted with the
calculation of expected per-kg factors of production (``FOPs'').\28\
Petitioner also submitted information indicating that at least one
major PRC producer employs an integrated production process.\29\
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\25\ See Volume II of the Petition, at 5-6.
\26\ Id., at 5-6 and Exhibits AD-17 and AD-19.
\27\ Id., at 6 and Exhibits AD-16, AD-17 and AD-19.
\28\ Id., at Exhibit AD-18.
\29\ Id., at 5 and Exhibit AD-15.
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Petitioner valued the factors of production using reasonably
available, public surrogate country data, specifically, Philippine
import data from the Global Trade Atlas (``GTA'') for the most recent
six-month period for which data was available (i.e., March 2013 through
August 2013).\30\ Petitioner excluded from these GTA import statistics
imports from NME countries, countries that maintain broadly available
export subsidies, and any imports from ``unspecified'' countries.\31\
Further, Petitioner made currency conversions, where applicable, based
on the POI-average Philippine Peso/U.S. dollar exchange rates.\32\ The
Department determines that the surrogate values used by Petitioner are
reasonably available and, thus, are acceptable for purposes of
initiation.
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\30\ Id., at Exhibit AD-20.
\31\ Id., at 6.
\32\ Id., at Exhibit AD-13.
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Petitioner determined direct materials costs from Philippine import
data from the GTA.\33\ Petitioner applied certain conversion factors to
align the units of measure with its own FOPs.\34\ Petitioner calculated
financial ratios (i.e., factory overhead expenses, selling, general,
and administrative (``SG&A'') expenses, and profit) on the financial
statements of Mabuhay Vinyl Corporation (``Mabuhay Vinyl''), a
Philippine manufacturer of sodium hypochlorite (a product that
Petitioner claims is comparable to calcium hypochlorite), for the year
ending December 31, 2012.\35\
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\33\ Id., at 6-7 and Exhibit AD-20.
\34\ Id., at Exhibit AD-17.
\35\ Id., at 8 and Exhibit AD-26.
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Fair Value Comparisons
Based on the data provided by Petitioner, there is reason to
believe that imports of calcium hypochlorite from the PRC are being, or
are likely to be, sold in the United States at less than fair value.
Based on comparisons of EP to NV for both integrated and non-integrated
production processes in accordance with section 773(c) of the Act,
Petitioner calculated the estimated dumping margins to be 182.51-210.52
percent with respect to imports of calcium hypochlorite from the
PRC.\36\
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\36\ See PRC AD Supplement, at 3-4 and Exhibit AD-27.
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Initiation of AD Investigation
Based on our examination of the Petition on calcium hypochlorite
from the PRC, the Department finds that the Petition meets the
requirements of section 732 of the Act. Therefore, we are initiating an
AD investigation to determine whether imports of calcium hypochlorite
from the PRC are being, or likely to be, sold in the United States at
less than fair value. In accordance with section 733(b)(1)(A) of the
Act and 19 CFR 351.205(b)(1), unless postponed, we will issue our
preliminary determination no later than 140 days after the publication
date of this initiation. For a discussion of evidence supporting our
initiation determination, see the AD Initiation Checklist which
accompanies this notice.
Respondent Selection and Quantity and Value Questionnaire
In accordance with our standard practice for respondent selection
in AD investigations involving NME countries, we intend to issue
quantity and value questionnaires to each potential respondent, and
will base respondent selection on the responses received. In addition,
the Department will post the quantity and value questionnaire along
with the filing instructions on the Enforcement and Compliance Web site
(https://www.trade.gov/enforcement/news.asp). Exporters and producers of
calcium hypochlorite from the PRC that do not receive quantity and
value questionnaires via mail may still submit a quantity and value
response, and can obtain a copy from the Enforcement and Compliance Web
site. The quantity and value questionnaire must be submitted by all PRC
exporters/producers no later than January 21, 2014. All quantity and
value questionnaires must be filed electronically using IA ACCESS.
Separate Rates
In order to obtain separate rate status in an NME AD investigation,
exporters and producers must submit a separate rate application.\37\
The specific requirements for submitting the separate rate application
in the PRC investigation are outlined in detail in the application
itself, which will be available on the Department's Web site at https://trade.gov/enforcement/ia-highlights-and-news.html on the date of
publication of this initiation notice in the Federal Register. The
separate rate application will be due 60 days after the publication of
this initiation notice. For exporters and producers who submit a
separate rate status application and have been selected as mandatory
respondents, these exporters and
[[Page 2414]]
producers will no longer be eligible for consideration for separate
rate status unless they respond to all parts of the Department's AD
questionnaire as mandatory respondents. The Department requires that
the PRC respondents submit a response to the separate rate application
by the deadline referenced above in order to receive consideration for
separate rate status.
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\37\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005) (Separate
Rates and Combination Rates Bulletin), available on the Department's
Web site at https://enforcement.trade.gov/policy/).
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Use of Combination Rates
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in an NME
investigation. The Separate Rates and Combination Rates Bulletin
states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that the Department will
now assign in its NME investigations will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the weighted-average of the individually calculated rates.
This practice is referred to as the application of ``combination
rates'' because such rates apply to specific combinations of
exporters and one or more producers. The cash-deposit rate assigned
to an exporter will apply only to merchandise both exported by the
firm in question and produced by a firm that supplied the exporter
during the period of investigation.\38\
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\38\ See Separate Rates and Combination Rates Bulletin at 6
(emphasis added).
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act, and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the Government of the PRC. Because of the particularly
large number of producers/exporters identified in the Petition, the
Department considers the service of the public version of the Petition
to the foreign producers/exporters to be satisfied by the provision of
the public version of the Petition to the Government of the PRC,
consistent with 19 CFR 351.203(c)(2).
ITC Notification
We have notified the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of calcium hypochlorite from the PRC materially
injure, or threaten material injury to, a U.S. industry.\39\ A negative
ITC determination will result in the investigation being
terminated.\40\ Otherwise, this investigation will proceed according to
statutory and regulatory time limits.
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\39\ See section 733(a) of the Act.
\40\ Id.
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Submission of Factual Information
On April 10, 2013, the Department published Definition of Factual
Information and Time Limits for Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10, 2013), which modified two
regulations related to AD and CVD proceedings: 1) The definition of
factual information (19 CFR 351.102(b)(21)), and 2) the time limits for
the submission of factual information (19 CFR 351.301). The final rule
identifies five categories of factual information in 19 CFR
351.102(b)(21), which are summarized as follows: (i) Evidence submitted
in response to questionnaires; (ii) evidence submitted in support of
allegations; (iii) publicly available information to value factors
under 19 CFR 351.408(c) or to measure the adequacy of remuneration
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the
Department; and (v) evidence other than factual information described
in (i)-(iv). The final rule requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted and, if the information is submitted
to rebut, clarify, or correct factual information already on the
record, to provide an explanation identifying the information already
on the record that the factual information seeks to rebut, clarify, or
correct. The final rule also modified 19 CFR 351.301 so that, rather
than providing general time limits, there are specific time limits
based on the type of factual information being submitted. These
modifications are effective for all proceeding segments initiated on or
after May 10, 2013, and thus are applicable to this investigation.
Please review the final rule, available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to
submitting factual information for this investigation.
Revised Extension of Time Limits Regulation
On September 20, 2013, the Department modified its regulation
concerning the extension of time limits for submissions in AD and CVD
proceedings. The modification clarifies that parties may request an
extension of time limits before a time limit established under Part 351
expires, or as otherwise specified by the Secretary. In general, an
extension request will be considered untimely if it is filed after the
time limit established under Part 351 expires. For submissions which
are due from multiple parties simultaneously, an extension request will
be considered untimely if it is filed after 10:00 a.m. on the due date.
Examples include, but are not limited to: (1) Case and rebuttal briefs,
filed pursuant to 19 CFR 351.309; (2) factual information to value
factors under section 19 CFR 351.408(c), or to measure the adequacy of
remuneration under section 19 CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal, clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the
selection of a surrogate country and surrogate values and rebuttal; (4)
comments concerning CBP data; and (5) quantity and value
questionnaires. Under certain circumstances, the Department may elect
to specify a different time limit by which extension requests will be
considered untimely for submissions which are due from multiple parties
simultaneously. In such a case, the Department will inform parties in
the letter or memorandum setting forth the deadline (including a
specified time) by which extension requests must be filed to be
considered timely. This modification also requires that an extension
request must be made in a separate, stand-alone submission, and
clarifies the circumstances under which the Department will grant
untimely-filed requests for the extension of time limits. These
modifications are effective for all segments initiated on or after
October 21, 2013. Review Extension of Time Limits; Final Rule,
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this segment.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\41\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives in all AD or CVD investigations or proceedings
initiated on or after August 16, 2013,
[[Page 2415]]
including this investigation.\42\ The formats for the revised
certifications are provided at the end of the Final Rule. The
Department intends to reject factual submissions if the submitting
party does not comply with the revised certification requirements.
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\41\ See section 782(b) of the Act.
\42\ See Certifications of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule'').
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Department's Web site at https://enforcement.trade.gov/apo/.
This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: January 7, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The product covered by this investigation is calcium
hypochlorite, regardless of form (e.g., powder, tablet (compressed),
crystalline (granular), or in liquid solution), whether or not
blended with other materials, containing at least 10% available
chlorine measured by actual weight. The scope also includes
bleaching powder and hemibasic calcium hypochlorite.
Calcium hypochlorite has the general chemical formulation
Ca(OCl)2, but may also be sold in a more dilute form as
bleaching powder with the chemical formulation,
Ca(OCl)2.CaCl2.Ca(OH)2.2H2
O or hemibasic calcium hypochlorite with the chemical formula of
2Ca(OCl)2.Ca(OH)2 or
Ca(OCl)2.0.5Ca(OH)2. Calcium hypochlorite has
a Chemical Abstract Service (``CAS'') registry number of 7778-54-3,
and a U.S. Environmental Protection Agency (``EPA) Pesticide Code
(``PC'') Number of 014701. The subject calcium hypochlorite has an
International Maritime Dangerous Goods (``IMDG'') code of Class 5.1
UN 1748, 2880, or 2208 or Class 5.1/8 UN 3485, 3486, or 3487.
Calcium hypochlorite is currently classifiable under the
subheading 2828.10.0000 of the Harmonized Tariff Schedule of the
United States (``HTSUS''). The subheading covers commercial calcium
hypochlorite and other calcium hypochlorite. When tableted or
blended with other materials, calcium hypochlorite may be entered
under other tariff classifications, such as 3808.94.5000 and
3808.99.9500, which cover disinfectants and similar products. While
the HTSUS subheadings, the CAS registry number, the U.S. EPA PC
number, and the IMDG codes are provided for convenience and customs
purposes, the written description of the scope of this investigation
is dispositive.
[FR Doc. 2014-00522 Filed 1-13-14; 8:45 am]
BILLING CODE 3510-DS-P
