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
<![CDATA[
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entered, or withdrawn from warehouse,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 https://
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]
-----------------------------------------------------------------------
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 https://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
