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]

Download as PDF 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. VerDate Mar<15>2010 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 24FEN1 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 http:// 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 http://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 http://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 http://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.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

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