Countervailing Duty Investigation of Chlorinated Isocyanurates From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Determination, 10097-10099 [2014-03712]
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Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Notices
the time period set forth in the Initiation
and Preliminary Results.
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of the Order
The products covered by the order are
certain stainless steel sheet and strips in
coils. The merchandise subject to the
order is currently classified under the
following Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 7219.13.00.31,
7219.13.00.51, 7219.13.00.71,
7219.13.00.81, 7219.14.00.30,
7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20,
7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38,
7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20,
7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38,
7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20,
7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05,
7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10,
7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80,
7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05,
7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80,
7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, and
7220.90.00.80. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description, available in the
Order, remains dispositive.2
Final Results of Changed
Circumstances Review
Because no parties submitted
comments opposing the Department’s
preliminary results, and because there is
no other information or evidence on the
record that calls into question the
preliminary results, for the reasons
outlined in the Initiation and
Preliminary Results, the Department
determines that Hitachi Metals is the
successor-in-interest to the merger of
Hitachi Metals and Hitachi Cable for the
purpose of determining antidumping
duty liability.3 Specifically, we find that
2 For a complete description of the scope, see
Notice of Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order;
Stainless Steel Sheet and Strip in Coils from Japan,
64 FR 40565 (July 27, 1999). See also Initiation and
Preliminary Results.
3 See Initiation and Preliminary Results, 78 FR at
79668–70.
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17:16 Feb 21, 2014
Jkt 232001
the merger of these two companies
resulted in no significant changes to
management, production facilities,
supplier relationships, and customers
with respect to the production and sale
of the subject merchandise. Thus,
Hitachi Metals operates as the same
business entity as Hitachi Cable with
respect to the subject merchandise.4 As
a result of this determination, we find
that Hitachi Metals should receive the
cash deposit rate previously assigned to
Hitachi Cable in the most recently
completed review of the antidumping
duty order on SSSSC from Japan.
Consequently, the Department will
instruct U.S. Customs and Border
Protection to suspend liquidation of all
shipments of subject merchandise
produced and/or exported by Hitachi
Metals and entered, or withdrawn from
warehouse, for consumption on or after
the publication date of this notice in the
Federal Register at 0.00 percent, which
is the urrent cash deposit rate for
Hitachi Cable.5 This cash deposit
requirement shall remain in effect until
further notice.
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
We are issuing this determination and
publishing these final results and notice
in accordance with sections 751(b)(1)
and 777(i)(1) and (2) of the Tariff Act of
1930, as amended, and 19 CFR 351.216
and 351.221(c)(3).
Dated: February 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–03893 Filed 2–21–14; 8:45 am]
BILLING CODE 3510–DS–P
4 Id.,
at 79669.
Stainless Steel Sheet and Strip in Coils from
Japan: Final Results of Antidumping Duty
Administrative Review, 75 FR 6631, 6633 (February
10, 2010).
5 See
Frm 00013
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–991]
Countervailing Duty Investigation of
Chlorinated Isocyanurates From the
People’s Republic of China:
Preliminary Determination and
Alignment of Final Determination With
Final Antidumping Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice.
AGENCY:
The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of chlorinated
isocyanurates (‘‘chlorinated isos’’) from
the People’s Republic of China (the
‘‘PRC’’). We invite interested parties to
comment on this preliminary
determination.
SUMMARY:
DATES:
Effective February 24, 2014.
FOR FURTHER INFORMATION CONTACT:
Notification
PO 00000
10097
Fmt 4703
Sfmt 4703
Matthew Renkey or Paul Walker, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone 202.482.2312 or
202.482.0413, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this
investigation are chlorinated
isocyanurates. Chlorinated
isocyanurates are derivatives of
cyanuric acid, described as chlorinated
s-triazine triones. There are three
primary chemical compositions of
chlorinated isocyanurates: (1)
Trichloroisocyanuric acid (‘‘TCCA’’)
(Cl3(NCO)3), (2) sodium
dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 × 2H2O), and (3) sodium
dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated
isocyanurates are available in powder,
granular and solid (e.g., tablet or stick)
forms.
Chlorinated isocyanurates are
currently classifiable under subheadings
2933.69.6015, 2933.69.6021,
2933.69.6050, 3808.50.4000,
3808.94.5000, and 3808.99.9500 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). The tariff
classification 2933.69.6015 covers
sodium dichloroisocyanurates
(anhydrous and dihydrate forms) and
E:\FR\FM\24FEN1.SGM
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10098
Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Notices
trichloroisocyanuric acid. The tariff
classifications 2933.69.6021 and
2933.69.6050 represent basket categories
that include chlorinated isocyanurates
and other compounds including an
unfused triazine ring. The tariff
classifications 3808.50.4000,
3808.94.5000 and 3808.99.9500 cover
disinfectants that include chlorinated
isocyanurates. The HTSUS subheadings
are provided for convenience and
customs purposes. The written
description of the scope of the
investigation is dispositive.
Methodology
The Department is conducting this
countervailing duty (‘‘CVD’’)
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the ‘‘Act’’). For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision Memo.1
The Preliminary Decision Memo is a
public document and is on file
electronically via Enforcement &
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memo can be accessed directly
on the Internet at https://trade.gov/
enforcement. The signed Preliminary
Decision Memo and the electronic
versions of the Preliminary Decision
Memo are identical in content.
The Department notes that, in making
these findings, we relied, in part, on
facts available and, because one or more
respondents did not act to the best of
their ability to respond to the
Department’s requests for information,
we drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.2 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memo.
mstockstill on DSK4VPTVN1PROD with NOTICES
Alignment
As noted in the Preliminary Decision
Memo, in accordance with section
1 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Countervailing Duty Investigation of
Chlorinated Isocyanurates from the People’s
Republic of China: Decision Memorandum for the
Preliminary Determination,’’ dated concurrently
with this notice (‘‘Preliminary Decision Memo’’).
2 See sections 776(a) and (b) of the Act.
VerDate Mar<15>2010
17:16 Feb 21, 2014
Jkt 232001
705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination in this investigation
with the final determination in the
companion antidumping duty (‘‘AD’’)
investigation of chlorinated isos from
Japan.3 Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
June 30, 2014, unless postponed.
investigated respondents, because doing
so risks disclosure of proprietary
information. Therefore, for the ‘‘allothers’’ rate, we calculated a simple
average of the two responding firms’
rates.
3 See Chlorinated Isocyanurates from Japan:
Initiation of Antidumping Duty Investigation, 78 FR
58997 (September 25, 2013).
4 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
5 See 19 CFR 351.310(c).
Disclosure and Public Comment
The Department will disclose
calculations performed for this
preliminary determination to the parties
within five days of the date of public
announcement of this determination in
Preliminary Determination and
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Case briefs or other written comments
In accordance with section
for all non-scope issues may be
703(d)(1)(A)(i) of the Act, we calculated submitted to the Assistant Secretary for
an individual rate for each producer/
Enforcement and Compliance no later
exporter of the subject merchandise
than seven days after the date on which
individually investigated. We
the final verification report is issued in
preliminarily determine the
this proceeding, and rebuttal briefs,
countervailable subsidy rates to be:
limited to issues raised in case briefs,
may be submitted no later than five days
Subsidy
after the deadline date for case briefs.4
Company
rate
A table of contents, list of authorities
Hebei Jiheng Chemicals Co., Ltd.
18.57 used and an executive summary of
issues should accompany any briefs
Juancheng Kangtai Chemical Co.,
Ltd. ............................................
1.55 submitted to the Department. This
All Others ......................................
10.06 summary should be limited to five pages
total, including footnotes.
In accordance with sections
Interested parties who wish to request
703(d)(1)(B) and (2) of the Act, we are
a hearing, or to participate if one is
directing U.S. Customs and Border
requested, must submit a written
Protection to suspend liquidation of all
request to the Assistant Secretary for
entries of chlorinated isos from the PRC Enforcement and Compliance, U.S.
that are entered, or withdrawn from
Department of Commerce, filed
warehouse, for consumption on or after
electronically using IA ACCESS. An
the date of the publication of this notice electronically filed document must be
in the Federal Register, and to require
received successfully in its entirety by
a cash deposit for such entries of
the Department’s electronic records
merchandise in the amounts indicated
system, IA ACCESS, by 5:00 p.m.
above.
Eastern Standard Time, within 30 days
In accordance with sections 703(d)
after the date of publication of this
and 705(c)(5)(A) of the Act, for
notice.5 Requests should contain the
companies not investigated, we apply
party’s name, address, and telephone
an ‘‘all-others’’ rate, which is normally
number; the number of participants; and
calculated by weighting the subsidy
a list of the issues to be discussed. If a
rates of the individual companies
request for a hearing is made, the
selected as respondents by those
Department intends to hold the hearing
companies’ exports of the subject
at the U.S. Department of Commerce,
merchandise to the United States. Under 14th Street and Constitution Avenue
section 705(c)(5)(i) of the Act, the allNW., Washington, DC 20230, at a date,
others rate should exclude zero and de
time and location to be determined.
minimis rates calculated for the
Parties will be notified of the date, time
exporters and producers individually
and location of any hearing.
investigated. Where the rates for the
International Trade Commission
investigated companies are all zero or
Notification
de minimis, section 705(c)(5)(A)(ii) of
In accordance with section 703(f) of
the Act instructs the Department to
the Act, we will notify the International
establish an all-others rate using ‘‘any
Trade Commission (‘‘ITC’’) of our
reasonable method.’’ Notwithstanding
the language of section 705(c)(5)(A)(i) of determination. In addition, we are
the Act, we have not calculated the ‘‘all- making available to the ITC all nonprivileged and non-proprietary
others’’ rate by weight averaging the
information relating to this
rates of the two individually
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
E:\FR\FM\24FEN1.SGM
24FEN1
Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Notices
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: February 11, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memo
1. Scope Comments
2. Scope of the Investigation
3. Alignment
4. Respondent Selection
5. Injury Test
6. Application of Countervailing Duty Law to
Imports from the PRC
7. Subsidies Valuation
8. Benchmarks and Discount Rates
9. Use of Facts Otherwise Available and
Adverse Inferences
10. Analysis of Programs
11. Verification
[FR Doc. 2014–03712 Filed 2–21–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Request for Nominations for the
Industry Trade Advisory Committees
(ITACs)
International Trade
Administration, Industry and Analysis.
ACTION: Request for nominations.
AGENCY:
This month, the Secretary of
Commerce (the Secretary) and the
United States Trade Representative (the
USTR) are renewing the charters of the
16 Industry Trade Advisory Committees
(ITACs) and the Committee of Chairs of
the ITACs for a four-year term to expire
in February 2018. The ITACs provide
detailed policy and technical advice,
information, and recommendations to
the Secretary and the USTR regarding
trade barriers, negotiation of trade
agreements, and implementation of
existing trade agreements affecting
industry sectors; and perform other
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:16 Feb 21, 2014
Jkt 232001
advisory functions relevant to U.S. trade
policy matters as may be requested by
the Secretary and the USTR or their
designees. There are currently
opportunities for membership on each
ITAC. Nominations will be accepted for
current vacancies and those that occur
throughout the remainder of the charter
term, which expires in February 2018.
DATES: Appointments will be made on
a rolling basis. For that reason,
nominations will be accepted through
February 14, 2018.
ADDRESSES: Submit nominations to
Ingrid V. Mitchem, Director, Industry
Trade Advisory Center, U.S. Department
of Commerce, 14th and Constitution
Avenue NW., Room 4043, Washington,
DC 20230.
FOR FURTHER INFORMATION CONTACT:
Ingrid V. Mitchem, Director, Industry
Trade Advisory Center, (202) 482–3268.
Recruitment information also is
available on the International Trade
Administration Web site at:
www.trade.gov/itac.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended (5 U.S.C. App.) and section
135 of the Trade Act of 1974, as
amended (19 U.S.C. 2155), the Secretary
and the USTR have renewed the
charters of 16 ITACs and the Committee
of Chairs of the ITACs. The Secretary
and the USTR welcome nominations for
the ITACs listed below:
Industry Trade Advisory Committees
on:
(ITAC 1) Aerospace Equipment
(ITAC 2) Automotive Equipment and
Capital Goods
(ITAC 3) Chemicals, Pharmaceuticals,
Health/Science Products and Services
(ITAC 4) Consumer Goods
(ITAC 5) Distribution Services
(ITAC 6) Energy and Energy Services
(ITAC 7) Forest Products
(ITAC 8) Information and
Communications Technologies,
Services, and Electronic Commerce
(ITAC 9) Building Materials,
Construction, and Nonferrous Metals
(ITAC 10) Services and Finance
Industries
(ITAC 11) Small and Minority Business
(ITAC 12) Steel
(ITAC 13) Textiles and Clothing
(ITAC 14) Customs Matters and Trade
Facilitation
(ITAC 15) Intellectual Property Rights
(ITAC 16) Standards and Technical
Trade Barriers
Background
Section 135 of the Trade Act of 1974,
as amended (19 U.S.C. 2155), directed
the establishment of a private-sector
trade advisory system to ensure that
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
10099
U.S. trade policy and trade negotiation
objectives adequately reflect U.S.
commercial and economic interests.
Section 135(a)(1) directs the President
to:
seek information and advice from
representative elements of the private sector
and the non-Federal governmental sector
with respect to—
(A) negotiating objectives and bargaining
positions before entering into a trade
agreement under [Subchapter I of the Trade
Act of 1974 (19 U.S.C. 2111–2241) and
section 2103 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C.
3803)];
(B) the operation of any trade agreement
once entered into, including preparation for
dispute settlement panel proceedings to
which the United States is a party; and
(C) other matters arising in connection
with the development, implementation, and
administration of the trade policy of the
United States . . .
Section 135(c)(2) of the 1974 Trade
Act provides that:
(2) The President shall establish such
sectoral or functional advisory committees as
may be appropriate. Such committees shall,
insofar as is practicable, be representative of
all industry, labor, agricultural, or service
interests (including small business interests)
in the sector or functional areas concerned.
In organizing such committees, the United
States Trade Representative and the
Secretaries of Commerce, Labor, Agriculture,
the Treasury, or other executive departments,
as appropriate, shall—
(A) consult with interested private
organizations; and
(B) take into account such factors as—
(i) patterns of actual and potential
competition between United States industry
and agriculture and foreign enterprise in
international trade,
(ii) the character of the nontariff barriers
and other distortions affecting such
competition,
(iii) the necessity for reasonable limits on
the number of such advisory committees,
(iv) the necessity that each committee be
reasonably limited in size, and
(v) in the case of each sectoral committee,
that the product lines covered by each
committee be reasonably related.
Pursuant to this provision, the
Department of Commerce (Commerce)
and the Office of the USTR (USTR) have
established and co-administer 16 ITACs,
the Committee of Chairs of the ITACs,
and the Industry Trade Advisory Center.
Functions
The duties of the ITACs are to provide
the President, through the Secretary and
the USTR, with detailed policy and
technical advice, information, and
recommendations regarding trade
barriers, negotiation of trade
agreements, and implementation of
existing trade agreements affecting
industry sectors; and perform other
E:\FR\FM\24FEN1.SGM
24FEN1
]]>Agencies
[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Notices]
[Pages 10097-10099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03712]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Countervailing Duty Investigation of Chlorinated Isocyanurates
From the People's Republic of China: Preliminary Determination and
Alignment of Final Determination With Final Antidumping Determination
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of chlorinated isocyanurates (``chlorinated
isos'') from the People's Republic of China (the ``PRC''). We invite
interested parties to comment on this preliminary determination.
DATES: Effective February 24, 2014.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Paul Walker, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202.482.2312
or 202.482.0413, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this investigation are chlorinated
isocyanurates. Chlorinated isocyanurates are derivatives of cyanuric
acid, described as chlorinated s-triazine triones. There are three
primary chemical compositions of chlorinated isocyanurates: (1)
Trichloroisocyanuric acid (``TCCA'') (Cl3(NCO)3),
(2) sodium dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 x 2H2O), and (3) sodium
dichloroisocyanurate (anhydrous) (NaCl2(NCO)3).
Chlorinated isocyanurates are available in powder, granular and solid
(e.g., tablet or stick) forms.
Chlorinated isocyanurates are currently classifiable under
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000,
3808.94.5000, and 3808.99.9500 of the Harmonized Tariff Schedule of the
United States (``HTSUS''). The tariff classification 2933.69.6015
covers sodium dichloroisocyanurates (anhydrous and dihydrate forms) and
[[Page 10098]]
trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and
2933.69.6050 represent basket categories that include chlorinated
isocyanurates and other compounds including an unfused triazine ring.
The tariff classifications 3808.50.4000, 3808.94.5000 and 3808.99.9500
cover disinfectants that include chlorinated isocyanurates. The HTSUS
subheadings are provided for convenience and customs purposes. The
written description of the scope of the investigation is dispositive.
Methodology
The Department is conducting this countervailing duty (``CVD'')
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (the ``Act''). For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memo.\1\ The Preliminary Decision Memo is a public document and is on
file electronically via Enforcement & Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memo can be
accessed directly on the Internet at https://trade.gov/enforcement. The
signed Preliminary Decision Memo and the electronic versions of the
Preliminary Decision Memo are identical in content.
---------------------------------------------------------------------------
\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Countervailing Duty Investigation of Chlorinated Isocyanurates
from the People's Republic of China: Decision Memorandum for the
Preliminary Determination,'' dated concurrently with this notice
(``Preliminary Decision Memo'').
---------------------------------------------------------------------------
The Department notes that, in making these findings, we relied, in
part, on facts available and, because one or more respondents did not
act to the best of their ability to respond to the Department's
requests for information, we drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\2\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memo.
---------------------------------------------------------------------------
\2\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memo, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning
the final CVD determination in this investigation with the final
determination in the companion antidumping duty (``AD'') investigation
of chlorinated isos from Japan.\3\ Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
June 30, 2014, unless postponed.
---------------------------------------------------------------------------
\3\ See Chlorinated Isocyanurates from Japan: Initiation of
Antidumping Duty Investigation, 78 FR 58997 (September 25, 2013).
---------------------------------------------------------------------------
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated an individual rate for each producer/exporter of the subject
merchandise individually investigated. We preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
------------------------------------------------------------------------
Hebei Jiheng Chemicals Co., Ltd.............................. 18.57
Juancheng Kangtai Chemical Co., Ltd.......................... 1.55
All Others................................................... 10.06
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of chlorinated isos from the PRC that are entered, or
withdrawn from warehouse, for consumption on or after the date of the
publication of this notice in the Federal Register, and to require a
cash deposit for such entries of merchandise in the amounts indicated
above.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not investigated, we apply an ``all-others'' rate, which is
normally calculated by weighting the subsidy rates of the individual
companies selected as respondents by those companies' exports of the
subject merchandise to the United States. Under section 705(c)(5)(i) of
the Act, the all-others rate should exclude zero and de minimis rates
calculated for the exporters and producers individually investigated.
Where the rates for the investigated companies are all zero or de
minimis, section 705(c)(5)(A)(ii) of the Act instructs the Department
to establish an all-others rate using ``any reasonable method.''
Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we
have not calculated the ``all-others'' rate by weight averaging the
rates of the two individually investigated respondents, because doing
so risks disclosure of proprietary information. Therefore, for the
``all-others'' rate, we calculated a simple average of the two
responding firms' rates.
Disclosure and Public Comment
The Department will disclose calculations performed for this
preliminary determination to the parties within five days of the date
of public announcement of this determination in accordance with 19 CFR
351.224(b). Case briefs or other written comments for all non-scope
issues may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the final
verification report is issued in this proceeding, and rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
five days after the deadline date for case briefs.\4\ A table of
contents, list of authorities used and an executive summary of issues
should accompany any briefs submitted to the Department. This summary
should be limited to five pages total, including footnotes.
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\4\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
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 5:00 p.m. Eastern Standard
Time, within 30 days after the date of publication of this notice.\5\
Requests should contain the party's name, address, and telephone
number; the number of participants; and a list of the issues to be
discussed. If a request for a hearing is made, the Department intends
to hold the hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a date, time and
location to be determined. Parties will be notified of the date, time
and location of any hearing.
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\5\ See 19 CFR 351.310(c).
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International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (``ITC'') of our determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information relating to this
[[Page 10099]]
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order, without the written consent
of the Assistant Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: February 11, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision Memo
1. Scope Comments
2. Scope of the Investigation
3. Alignment
4. Respondent Selection
5. Injury Test
6. Application of Countervailing Duty Law to Imports from the PRC
7. Subsidies Valuation
8. Benchmarks and Discount Rates
9. Use of Facts Otherwise Available and Adverse Inferences
10. Analysis of Programs
11. Verification
[FR Doc. 2014-03712 Filed 2-21-14; 8:45 am]
BILLING CODE 3510-DS-P
