Calcium Hypochlorite From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 30082-30084 [2014-12157]

Download as PDF 30082 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices analysis of issues raised in any such comments, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rate Upon issuance of the final results of this review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.6 The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of the final results of this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis, we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).7 For duty assessment rates calculated on this basis, we will direct CBP to assess the resulting ad valorem rate against the entered customs values for the subject merchandise. The Department announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.8 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. Cash Deposit Requirements The following cash deposit requirements, when imposed, will apply to all shipments of subject merchandise entered, or withdrawn from warehouse, sroberts on DSK5SPTVN1PROD with NOTICES 6 See 19 CFR 351.212(b)(1). these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 8 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011). 7 In VerDate Mar<15>2010 19:12 May 23, 2014 Jkt 232001 for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) For DunAn, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to DunAn in the most recently completed review of the company; (2) for Sanhua, which has a separate rate, the cash deposit rate will be the one established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (3) for any previously investigated or reviewed PRC and non-PRC exporter that is not under review in this segment of the proceeding but that received a separate rate in a previous segment, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (4) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 55.62 percent, which is rate assigned to the PRC-Wide Entity in the investigation; 9 and (5) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing notice of these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 16, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 9 See Frontseating Service Valves From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 74 FR 10886 (March 13, 2009) (‘‘Final Determination’’). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 2. Scope of the Order 3. Non-Market Economy Country 4. Separate Rates 5. Surrogate Country and Surrogate Value Data 6. Surrogate Country 7. Economic Comparability 8. Significant Producers of Identical or Comparable Merchandise 9. Data Availability 10. Date of Sale 11. Comparisons to Normal Value 12. Constructed Export Price 13. Value-Added Tax 14. Normal Value 15. Factor Valuations 16. Currency Conversion [FR Doc. 2014–12035 Filed 5–23–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–009] Calcium Hypochlorite From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers/exporters of calcium hypochlorite from the People’s Republic of China (PRC). The period of investigation is January 1, 2012, through December 31, 2012. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: May 27, 2014. FOR FURTHER INFORMATION CONTACT: Katie Marksberry, 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) 482–7906. SUPPLEMENTARY INFORMATION: AGENCY: Alignment of Final Countervailing Duty (CVD) Determination with Final Antidumping Duty (AD) Determination The Department published its notice of initiation of this investigation on January 14, 2014.1 On the same day the Department initiated this CVD 1 See Calcium Hypochlorite from the People’s Republic of China: Initiation of Antidumping Duty Investigation, 79 FR 2410 (January 14, 2014). E:\FR\FM\27MYN1.SGM 27MYN1 30083 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices investigation, the Department also initiated an AD investigation of calcium hypochlorite from the PRC.2 The CVD investigation and the AD investigation cover the same merchandise. On May 5, 2014, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), alignment of the final CVD determination with the final AD determination of calcium hypochlorite from the PRC was requested by Arch Chemicals Inc (Petitioner). Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD determination with the final AD determination. 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 September 29, 2014, unless postponed. 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. For a complete description of the scope of the investigation, see Appendix 1 to this notice. sroberts on DSK5SPTVN1PROD with NOTICES Methodology The Department is conducting this countervailing duty investigation in accordance with section 701 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.3 The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Department’s Central Records Unit, located at room 7046 of the main Department of Commerce building. In addition, a complete version of the 2 See id. Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, From Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, Re: Decision Memorandum for Preliminary Determination of Countervailing Duty Investigation: Calcium Hypochlorite from the People’s Republic of China, dated concurrently with this notice (‘‘Preliminary Decision Memorandum’’). 3 See VerDate Mar<15>2010 19:12 May 23, 2014 Jkt 232001 Preliminary Decision Memorandum can be found at http:// enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. For this preliminary determination, we have relied on facts available pursuant to section776(a) of the Act for the Government of the PRC and for Hubei Dinglong Chemical Co., Ltd. (‘‘Hubei Dinglong’’) and W&W Marketing Corporation (‘‘W&W Marketing’’), the companies originally selected for individual examination, i.e., mandatory company-respondents, and Tianjin Jinbin International Trade Co., Ltd. (‘‘Tianjin Jinbin’’), the additional mandatory respondent. The Government of the PRC, Hubei Dinglong and W&W marketing withheld information requested by the Department. Furthermore, these entities as well as Tianjin Jinbin refused to participate as respondents, and therefore, significantly impeded the investigation.4 Further, because they failed to cooperate by not acting to the best of their ability to respond to the Department’s requests for information, pursuant to section 776(b) of the Act we have drawn an adverse inference in selecting from among the facts otherwise available to calculate the ad valorem estimated countervailable subsidy rate for Hubei Dinglong, W&W Marketing, and Tianjin Jinbin. For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Preliminary Determination and Suspension of Liquidation In accordance with section 703(d)(1)(A)(i) of the Act, we calculated an estimated countervailing duty rate for the individually investigated producer/exporters of the subject merchandise, Hubei Dinglong, W&W Marketing, and Tianjin Jinbin. With respect to the all-others rate, section 705(c)(5)(A)(ii) of the Act provides that if the countervailable subsidy rates established for all exporters and producers individually investigated are determined entirely in accordance with section 776 of the Act, the Department may use any reasonable method to establish an all-others rate for exporters and producers not individually investigated. In this case, the countervailable subsidy rate calculated for the investigated companies is based entirely on facts available under section 776 of the Act. There is no other information on the record upon which to determine an all4 See PO 00000 sections 776(a)(2)(A) and (C) of the Act. Frm 00011 Fmt 4703 Sfmt 4703 others rate. As a result, we have used the rate assigned for Hubei Dinglong, W&W Marketing, and Tianjin Jinbin as the all-others rate. This method is consistent with the Department’s past practice.5 We preliminarily determine the countervailable subsidy rates to be: Company Subsidy Rate (percent) Hubei Dinglong Chemical Co., Ltd. ........................................ W&W Marketing Corporation .... Tianjin Jinbin International Trade Co., Ltd. ...................... All Others .................................. 71.72 71.72 71.72 71.72 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 calcium hypochlorite 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. Disclosure and Public Comment Because the Department has reached its conclusions on the basis of adverse facts available, the calculations performed in connection with this preliminary determination are not proprietary in nature, and are described in the Preliminary Decision Memorandum. Case briefs or other written comments for all non-scope issues may be submitted to IA ACCESS no later than 30 days after the publication of this preliminary determination in the Federal Register, 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.6 Case briefs or other written comments on scope issues may be submitted no later than 30 days after the publication of this preliminary determination in the Federal Register, and rebuttal briefs, limited to issues raised in the case briefs, may be submitted no later than five days after the deadline for the case briefs. For any briefs filed on scope issues, parties must file separate and identical documents on 5 See, e.g., Circular Welded Carbon-Quality Steel Pipe From India: Final Affirmative Countervailing Duty Determination, 77 FR 64468 (October 22, 2012); see also Certain Potassium Phosphate Salts From the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Termination of Critical Circumstances Inquiry, 75 FR 30375 (June 1, 2010). 6 See 19 CFR 351.309. E:\FR\FM\27MYN1.SGM 27MYN1 30084 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices the record for the concurrent antidumping duty investigation. 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 Enforcement and Compliances’s 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.7 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. U.S. International Trade Commission (ITC) Notification In accordance with section 703(f) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, 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. Dated: May 19, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. sroberts on DSK5SPTVN1PROD with NOTICES VerDate Mar<15>2010 19:12 May 23, 2014 Jkt 232001 List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope Comments 4. Scope of the Investigation 5. Injury Test 6. Application of the Countervailing Duty Law to Imports from the PRC 7. Use of Facts Otherwise Available and Adverse Inferences 8. ITC Notification 9. Disclosure and Public Comment 10. Conclusion [FR Doc. 2014–12157 Filed 5–23–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [A–570–010, A–583–853] 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 19 CFR 351.310(c). Appendix 2 International Trade Administration Appendix 1 7 See 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 written description of the scope of this investigation is dispositive. Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China and Taiwan: Postponement of Preliminary Determination of Antidumping Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: May 27, 2014. FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen at (202) 482–2769 (the People’s Republic of China (‘‘PRC’’)); or Magd Zalok at (202) 482–4162 (Taiwan), AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Postponement of Preliminary Determinations On January 29, 2014, the Department of Commerce (the ‘‘Department’’) published a notice of initiation of antidumping duty investigations of certain crystalline silicon photovoltaic products from the PRC and and Taiwan.1 The notice of initiation stated that the Department, in accordance with section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the ‘‘Act’’), and 19 CFR 351.205(b)(1), would issue its preliminary determinations for these investigations, unless postponed, no later than 140 days after the date of the initiation. The preliminary determinations of these antidumping duty investigations are currently due no later than June 11, 2014. Pursuant to section 733(c)(1)(B) of the Act and 19 CFR 351.205(b)(2), the Department concludes that the parties involved in these investigations are cooperating and determines that these investigations are extraordinarily complicated by reason of the number and complexity of the transactions to be investigated and adjustments to be considered and the number of firms whose activities must be investigated. Therefore, in accordance with section 733(c)(1)(B) of the Act, the Department determines that it is appropriate to postpone the preliminary determinations in these investigations. Specifically, the Department determines that a 43-day postponement of the preliminary determinations is needed in order to provide the Department with sufficient time to review and analyze questionnaire responses and issue appropriate requests for clarification and additional information. For the reasons stated above, the Department, in accordance with section 733(c)(1)(B) of the Act, is postponing the deadline for the preliminary determinations to no later than 183 days after the date on which the Department initiated these investigations. Therefore, the new deadline for issuing these preliminary determinations is July 24, 2014. In accordance with section AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 1 See Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China and Taiwan: Initiation of Antidumping Duty Investigations, 79 FR 4661 (January 29, 2014). E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Notices]
[Pages 30082-30084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12157]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-009]


Calcium Hypochlorite From the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers/exporters of calcium hypochlorite from the People's Republic 
of China (PRC). The period of investigation is January 1, 2012, through 
December 31, 2012. Interested parties are invited to comment on this 
preliminary determination.

DATES: Effective Date: May 27, 2014.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry, 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) 482-7906.

SUPPLEMENTARY INFORMATION:

Alignment of Final Countervailing Duty (CVD) Determination with Final 
Antidumping Duty (AD) Determination

    The Department published its notice of initiation of this 
investigation on January 14, 2014.\1\ On the same day the Department 
initiated this CVD

[[Page 30083]]

investigation, the Department also initiated an AD investigation of 
calcium hypochlorite from the PRC.\2\ The CVD investigation and the AD 
investigation cover the same merchandise. On May 5, 2014, in accordance 
with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), 
alignment of the final CVD determination with the final AD 
determination of calcium hypochlorite from the PRC was requested by 
Arch Chemicals Inc (Petitioner). Therefore, in accordance with section 
705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the 
final CVD determination with the final AD determination. 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 September 29, 2014, unless postponed.
---------------------------------------------------------------------------

    \1\ See Calcium Hypochlorite from the People's Republic of 
China: Initiation of Antidumping Duty Investigation, 79 FR 2410 
(January 14, 2014).
    \2\ See id.
---------------------------------------------------------------------------

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.
    For a complete description of the scope of the investigation, see 
Appendix 1 to this notice.

Methodology

    The Department is conducting this countervailing duty investigation 
in accordance with section 701 of the Act. For a full description of 
the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.\3\ The Preliminary Decision Memorandum 
is a public document and is made available to the public via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at https://iaaccess.trade.gov, and is 
available to all parties in the Department's Central Records Unit, 
located at room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, From Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, Re: 
Decision Memorandum for Preliminary Determination of Countervailing 
Duty Investigation: Calcium Hypochlorite from the People's Republic 
of China, dated concurrently with this notice (``Preliminary 
Decision Memorandum'').
---------------------------------------------------------------------------

    For this preliminary determination, we have relied on facts 
available pursuant to section776(a) of the Act for the Government of 
the PRC and for Hubei Dinglong Chemical Co., Ltd. (``Hubei Dinglong'') 
and W&W Marketing Corporation (``W&W Marketing''), the companies 
originally selected for individual examination, i.e., mandatory 
company-respondents, and Tianjin Jinbin International Trade Co., Ltd. 
(``Tianjin Jinbin''), the additional mandatory respondent. The 
Government of the PRC, Hubei Dinglong and W&W marketing withheld 
information requested by the Department. Furthermore, these entities as 
well as Tianjin Jinbin refused to participate as respondents, and 
therefore, significantly impeded the investigation.\4\ Further, because 
they failed to cooperate by not acting to the best of their ability to 
respond to the Department's requests for information, pursuant to 
section 776(b) of the Act we have drawn an adverse inference in 
selecting from among the facts otherwise available to calculate the ad 
valorem estimated countervailable subsidy rate for Hubei Dinglong, W&W 
Marketing, and Tianjin Jinbin. For further information, see ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 776(a)(2)(A) and (C) of the Act.
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated an estimated countervailing duty rate for the individually 
investigated producer/exporters of the subject merchandise, Hubei 
Dinglong, W&W Marketing, and Tianjin Jinbin.
    With respect to the all-others rate, section 705(c)(5)(A)(ii) of 
the Act provides that if the countervailable subsidy rates established 
for all exporters and producers individually investigated are 
determined entirely in accordance with section 776 of the Act, the 
Department may use any reasonable method to establish an all-others 
rate for exporters and producers not individually investigated. In this 
case, the countervailable subsidy rate calculated for the investigated 
companies is based entirely on facts available under section 776 of the 
Act. There is no other information on the record upon which to 
determine an all-others rate. As a result, we have used the rate 
assigned for Hubei Dinglong, W&W Marketing, and Tianjin Jinbin as the 
all-others rate. This method is consistent with the Department's past 
practice.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Circular Welded Carbon-Quality Steel Pipe From 
India: Final Affirmative Countervailing Duty Determination, 77 FR 
64468 (October 22, 2012); see also Certain Potassium Phosphate Salts 
From the People's Republic of China: Final Affirmative 
Countervailing Duty Determination and Termination of Critical 
Circumstances Inquiry, 75 FR 30375 (June 1, 2010).
---------------------------------------------------------------------------

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                               Subsidy
                          Company                                Rate
                                                              (percent)
------------------------------------------------------------------------
Hubei Dinglong Chemical Co., Ltd...........................        71.72
W&W Marketing Corporation..................................        71.72
Tianjin Jinbin International Trade Co., Ltd................        71.72
All Others.................................................        71.72
------------------------------------------------------------------------

    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 calcium hypochlorite 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.

Disclosure and Public Comment

    Because the Department has reached its conclusions on the basis of 
adverse facts available, the calculations performed in connection with 
this preliminary determination are not proprietary in nature, and are 
described in the Preliminary Decision Memorandum. Case briefs or other 
written comments for all non-scope issues may be submitted to IA ACCESS 
no later than 30 days after the publication of this preliminary 
determination in the Federal Register, 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.\6\ Case briefs or other 
written comments on scope issues may be submitted no later than 30 days 
after the publication of this preliminary determination in the Federal 
Register, and rebuttal briefs, limited to issues raised in the case 
briefs, may be submitted no later than five days after the deadline for 
the case briefs. For any briefs filed on scope issues, parties must 
file separate and identical documents on

[[Page 30084]]

the record for the concurrent antidumping duty investigation.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309.
---------------------------------------------------------------------------

    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 Enforcement and Compliances's 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.\7\ 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.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order, 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.

     Dated: May 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix 1

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.

Appendix 2

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope Comments
4. Scope of the Investigation
5. Injury Test
6. Application of the Countervailing Duty Law to Imports from the 
PRC
7. Use of Facts Otherwise Available and Adverse Inferences
8. ITC Notification
9. Disclosure and Public Comment
10. Conclusion

[FR Doc. 2014-12157 Filed 5-23-14; 8:45 am]
BILLING CODE 3510-DS-P