Calcium Hypochlorite From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 43393-43395 [2014-17487]
Download as PDF
Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
the exporter’s listed above, the cash
deposit rate will be the rate established
in the final results of this review
(except, if the rate is zero or de minimis,
a zero cash deposit rate will be required
for that company); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the existing producer/
exporter-specific combination rate
published for the most recent period; (3)
for all PRC exporters of subject
merchandise that have not been found
to be eligible for a separate rate, the cash
deposit rate will be the PRC-wide rate
of 285.63 percent; 10 and (4) for all nonPRC 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
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a 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 these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 19 CFR 351.221(b)(4).
Dated: July 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
emcdonald on DSK67QTVN1PROD with NOTICES
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country Status
4. Separate Rates
5. Separate Rates for Non-Selected
Companies
6. Surrogate Country
10 For an explanation on the derivation of the
PRC-wide rate, see Notice of Final Determination of
Sales at Less Than Fair Value: Chlorinated
Isocyanurates From the People’s Republic of China,
70 FR 24502, 24505 (May 10, 2005).
VerDate Mar<15>2010
18:34 Jul 24, 2014
Jkt 232001
7. Date of Sale
8. Determination of Comparison Method
9. Results of the Differential Pricing
Analysis
10. Fair Value Comparisons
11. U.S. Price
12. Value-Added Tax
13. Normal Value
[FR Doc. 2014–17484 Filed 7–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–008]
Calcium Hypochlorite From the
People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 25, 2014.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that calcium hypochlorite
from the People’s Republic of China
(‘‘PRC’’) is being, or is likely to be, sold
in the United States at less than fair
value (‘‘LTFV’’), as provided in section
733 of the Tariff Act of 1930, as
amended (‘‘the Act’’). The period of
investigation (‘‘POI’’) is April 1, 2013,
through September 30, 2013. The
estimated margin of sales at LTFV is
shown in the ‘‘Preliminary
Determination’’ section of this notice. In
accordance with 19 CFR 351.210(b)(2),
the final determination will be issued
135 days after the date of publication of
this preliminary determination in the
Federal Register. Interested parties are
invited to comment on this preliminary
determination.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, 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)
482–2593.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
43393
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.
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. Because all mandatory
respondents in this investigation either
withdrew from the proceeding or did
not cooperate to the best of their ability
with the Department’s requests for
information, the Department
preliminarily determines that the
application of adverse facts available
(‘‘AFA’’) is warranted for this
preliminary determination, in
accordance with section 776 of the Act
and 19 CFR 351.308.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum hereby adopted
by this notice.1 The Preliminary
1 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Decision Memorandum for Preliminary
Determination of the Antidumping Duty
E:\FR\FM\25JYN1.SGM
Continued
25JYN1
43394
Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices
preliminary determination within five
days of the date of publication of the
notice of preliminary determination in
the Federal Register, in accordance with
19 CFR 351.224(b). However, because
the Department preliminarily applied
AFA to each of the mandatory
respondents in this investigation, in
accordance with section 776 of the Act,
there are no calculations to disclose.
Accordingly, the calculations performed
in connection with this preliminary
determination are not proprietary in
nature, and are described in the
Preliminary Decision Memorandum.
Interested parties are invited to
comment on this preliminary
determination. Interested parties may
submit case briefs to the Department no
later than 30 days after the date of
Combination Rates
publication of this preliminary
determination.6 A table of contents, list
In the Initiation Notice, the
of authorities used, and an executive
Department stated that it would
summary of issues should accompany
calculate combination rates for the
any briefs submitted to the Department.7
respondents that are eligible for a
Interested parties who wish to request
separate rate in this investigation.2
a hearing, or to participate if one is
Policy Bulletin 05.1 sets forth this
requested, must submit a written
practice.3 However, as described in the
Preliminary Decision Memorandum, all request to the Assistant Secretary for
Enforcement and Compliance, U.S.
parties subject to this investigation are
Department of Commerce, filed
preliminarily found to be part of the
electronically in IA ACCESS. An
PRC-wide entity, to which we do not
electronically filed document must be
assign a separate combination rate.4
received successfully in its entirety in
Preliminary Determination
IA ACCESS, by 5:00 p.m. Eastern
Standard Time, within 30 days after the
The preliminary weighted-average
date of publication of this notice.8
antidumping duty margin percentage is
Hearing requests should contain the
as follows:
party’s name, address, and telephone
Weightednumber, the number of participants, and
average
a list of the issues you intend to present
Exporter
margin
at the hearing. If a request for a hearing
(%)
is made, the Department intends to hold
PRC-Wide Entity 5 ................
210.52 the hearing at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.
1 and Public Comment
Disclosure
Parties should confirm by telephone the
Normally, the Department discloses to date, time, and location of the hearing
interested parties the calculations
two days before the scheduled date.
performed in connection with a
Suspension of Liquidation
In accordance with section 733(d) of
Investigation of Calcium Hypochlorite from the
People’s Republic of China,’’ dated concurrently
the Act, the Department will instruct
with this notice (‘‘Preliminary Decision
U.S. Customs and Border Protection
Memorandum’’).
(‘‘CBP’’) to suspend liquidation of all
2 See Calcium Hypochlorite From the People’s
entries of calcium hypochlorite from the
Republic of China: Initiation of Antidumping Duty
PRC, as described in the ‘‘Scope of the
Investigation, 79 FR 2410, 2414 (January 14, 2014)
(‘‘Initiation Notice’’).
Investigation’’ section, entered, or
3 See Enforcement and Compliance Policy
withdrawn from warehouse, for
Bulletin No. 05.1 ‘‘Separate-Rates Practice and
consumption on or after the date of
Application of Combination Rates in Antidumping
publication of this notice in the Federal
Investigations involving Non-Market Economy
Countries,’’ (April 5, 2005) (‘‘Policy Bulletin 05.1’’),
Register. Furthermore, consistent with
available on the Department’s Web site at https://
our practice, where the product under
enforcement.trade.gov/policy/bull05–1.pdf.
investigation is also subject to a
4 Id.
emcdonald on DSK67QTVN1PROD with NOTICES
Decision Memorandum is a public
document and is on file electronically
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 Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
trade.gov/enforcement/. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
5 The PRC-wide entity includes China
Petrochemical International (Wuhan) Co., Ltd.,
Tianjin JinBin International Trade Co., Ltd., and
Wuhan Rui Sunny Chemical Co., Ltd.
VerDate Mar<15>2010
18:34 Jul 24, 2014
Jkt 232001
PO 00000
6 See
19 CFR 351.309(c)(1)(i).
19 CFR 351.309(c)(2).
8 See 19 CFR 351.310(c).
7 See
Frm 00007
Fmt 4703
Sfmt 4703
concurrent countervailing duty
investigation, we instruct CBP to require
a cash deposit equal to the amount by
which the normal value exceeds the
export price or constructed export price,
less the amount of the countervailing
duty determined to constitute an export
subsidy. In this LTFV investigation,
with regard to PRC-wide entity, export
subsidies constitute 9.62 percent 9 of the
preliminarily calculated countervailing
duty rate in the concurrent
countervailing duty investigation, and,
thus, we will offset the PRC-wide rate of
210.52 percent by the countervailing
duty rate attributable to export subsidies
(i.e., 9.62 percent) to calculate the cash
deposit rate for this LTFV investigation.
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to a request from Wuhan Rui
Sunny Chemical Co., Ltd., we are
postponing the final determination and
extending the provisional measures
from a four-month period to no more
than six months.10 Accordingly, we will
make our final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.11
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we notified the ITC of our
preliminary affirmative determination of
sales at LTFV. Section 735(b)(2) of the
Act requires the ITC to make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
calcium hypochlorite, or sales (or the
likelihood of sales) for importation, of
the merchandise under consideration
within 45 days of our final
determination.
This determination is issued and
published in accordance with sections
9 The following subsidy programs in the
preliminary determination of the concurrent
countervailing duty investigation are export
subsidies: Discounted Loans for Export-Oriented
Enterprises (1.06%), Export Credits from China’s
Export-Import Bank (1.06%), Export Credit
Insurance from China Export and Credit Insurance
Corporation (Sinosure) (1.06%), Foreign Trade
Development Fund (0.55%), Famous Brands
Program (0.55%), Provision of Shipping for LTAR
(5.34%). See 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, 79 FR
30082 (May 27, 2014), and accompanying
Preliminary Decision Memorandum at 11.
10 See Letter to the Secretary of Commerce from
Wuhan Rui Sunny Chemical Co., Ltd., ‘‘Request for
Extension of Final Determination’’ (July 1, 2014).
11 See also 19 CFR 351.210(e).
E:\FR\FM\25JYN1.SGM
25JYN1
43395
Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(b)(2).
Dated: 16 July 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the
Preliminary Decision Memorandum:
I. Summary
II. Background
1. Initiation
2. Period of Investigation
3. Postponement of Preliminary
Determination
4. Postponement of Final
Determination and Extension of
Provisional Measures
5. Scope of the Investigation
6. Scope Comments
7. Selection of Respondents
III. Discussion of the Methodology
1. Non-Market Economy Country
2. Separate Rates
3. Total Adverse Facts Available for
Rui Sunny
A. Background
B. Facts Available and Selection
Based Upon Adverse Inferences for
Rui Sunny
4. The PRC-Wide Entity
5. Application of Facts Available and
Selection Based Upon Adverse
Inferences for the PRC-Wide Entity
6. Corroboration of AFA Rate
7. Verification
8. Section 777A(f) of the Act
IV. ITC Notification
V. Conclusion
[FR Doc. 2014–17487 Filed 7–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–905]
Certain Polyester Staple Fiber From
the People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
antidumping duty order on certain
polyester staple fiber from the People’s
Republic of China (‘‘PRC’’). The period
of review (‘‘POR’’) is June 1, 2012,
through May 31, 2013. The Department
preliminarily determines that Takayasu
Industrial (Jiangyin) Co., Ltd.
(‘‘Takayasu’’) did not sell subject
merchandise in the United States at
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
18:34 Jul 24, 2014
Jkt 232001
prices below normal value (‘‘NV’’)
during the POR June 1, 2012, through
May 31, 2013. If these preliminary
results are adopted in our final results
of review, we will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to
liquidate the appropriate entries
without regard to antidumping duties.
Interested parties are invited to
comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT:
Steven Hampton, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0116.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is certain polyester staple fiber.1 The
product is currently classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) numbers
5503.20.0045 and 5503.20.0065.
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written description of the
scope of the order remains dispositive.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum. A
list of the topics included in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically 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 it is available to
all parties in the Central Records Unit
(‘‘CRU’’), room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
1 See Decision Memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Preliminary Results and
Rescission in Part of 2011–2012 Antidumping Duty
Administrative Review: Certain Polyester Staple
Fiber from the People’s Republic of China’’
(Preliminary Decision Memorandum) issued
concurrently with this notice for a complete
description of the Scope of the Order.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margin exists for the
period June 1, 2012, through May 31,
2013:
Exporter
Weighted-average dumping
margin
(%)
Takayasu Industrial
(Jiangyin) Co., Ltd .............
0.00
Disclosure, Public Comment &
Opportunity To Request a Hearing
The Department will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs no later than 30 days after the
date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.2 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.3
Case and rebuttal briefs should be filed
using IA ACCESS.4 An electronically
filed document must be received
successfully in its entirety by the
Department’s electronic records system,
IA ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of
publication of this notice.
Pursuant to 19 CFR 351.310(c),
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, filed
electronically via IA ACCESS. Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs.
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
2 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
4 See 19 CFR 351.303.
3 See
E:\FR\FM\25JYN1.SGM
25JYN1
Agencies
[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43393-43395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17487]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-008]
Calcium Hypochlorite From the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 25, 2014.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that calcium hypochlorite from the People's Republic of
China (``PRC'') is being, or is likely to be, sold in the United States
at less than fair value (``LTFV''), as provided in section 733 of the
Tariff Act of 1930, as amended (``the Act''). The period of
investigation (``POI'') is April 1, 2013, through September 30, 2013.
The estimated margin of sales at LTFV is shown in the ``Preliminary
Determination'' section of this notice. In accordance with 19 CFR
351.210(b)(2), the final determination will be issued 135 days after
the date of publication of this preliminary determination in the
Federal Register. Interested parties are invited to comment on this
preliminary determination.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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-
2593.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The product covered by this investigation is calcium hypochlorite,
regardless of form (e.g., powder, tablet (compressed), crystalline
(granular), or in liquid solution), whether or not blended with other
materials, containing at least 10% available chlorine measured by
actual weight. The scope also includes bleaching powder and hemibasic
calcium hypochlorite.
Calcium hypochlorite has the general chemical formulation
Ca(OCl)2, but may also be sold in a more dilute form as
bleaching powder with the chemical formulation,
Ca(OCl)2.CaCl2.Ca(OH)2.2H2O
or hemibasic calcium hypochlorite with the chemical formula of
2Ca(OCl)2.Ca(OH)2 or
Ca(OCl)2.0.5Ca(OH)2. Calcium hypochlorite has a
Chemical Abstract Service (``CAS'') registry number of 7778-54-3, and a
U.S. Environmental Protection Agency (``EPA'') Pesticide Code (``PC'')
Number of 014701. The subject calcium hypochlorite has an International
Maritime Dangerous Goods (``IMDG'') code of Class 5.1 UN 1748, 2880, or
2208 or Class 5.1/8 UN 3485, 3486, or 3487.
Calcium hypochlorite is currently classifiable under the subheading
2828.10.0000 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). The subheading covers commercial calcium hypochlorite and
other calcium hypochlorite. When tableted or blended with other
materials, calcium hypochlorite may be entered under other tariff
classifications, such as 3808.94.5000 and 3808.99.9500, which cover
disinfectants and similar products. While the HTSUS subheadings, the
CAS registry number, the U.S. EPA PC number, and the IMDG codes are
provided for convenience and customs purposes, the written description
of the scope of this investigation is dispositive.
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. Because all mandatory respondents in this
investigation either withdrew from the proceeding or did not cooperate
to the best of their ability with the Department's requests for
information, the Department preliminarily determines that the
application of adverse facts available (``AFA'') is warranted for this
preliminary determination, in accordance with section 776 of the Act
and 19 CFR 351.308.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum hereby adopted by
this notice.\1\ The Preliminary
[[Page 43394]]
Decision Memorandum is a public document and is on file electronically
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 Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at https://trade.gov/enforcement/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Decision Memorandum for Preliminary Determination of the
Antidumping Duty Investigation of Calcium Hypochlorite from the
People's Republic of China,'' dated concurrently with this notice
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation.\2\ Policy Bulletin 05.1 sets forth
this practice.\3\ However, as described in the Preliminary Decision
Memorandum, all parties subject to this investigation are preliminarily
found to be part of the PRC-wide entity, to which we do not assign a
separate combination rate.\4\
---------------------------------------------------------------------------
\2\ See Calcium Hypochlorite From the People's Republic of
China: Initiation of Antidumping Duty Investigation, 79 FR 2410,
2414 (January 14, 2014) (``Initiation Notice'').
\3\ See Enforcement and Compliance Policy Bulletin No. 05.1
``Separate-Rates Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market Economy Countries,''
(April 5, 2005) (``Policy Bulletin 05.1''), available on the
Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
\4\ Id.
---------------------------------------------------------------------------
Preliminary Determination
The preliminary weighted-average antidumping duty margin percentage
is as follows:
------------------------------------------------------------------------
Weighted-
Exporter average
margin (%)
------------------------------------------------------------------------
PRC-Wide Entity \5\..................................... 210.52
------------------------------------------------------------------------
---------------------------------------------------------------------------
\5\ The PRC-wide entity includes China Petrochemical
International (Wuhan) Co., Ltd., Tianjin JinBin International Trade
Co., Ltd., and Wuhan Rui Sunny Chemical Co., Ltd.
---------------------------------------------------------------------------
Disclosure \1\ and Public Comment
Normally, the Department discloses to interested parties the
calculations performed in connection with a preliminary determination
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because the Department preliminarily
applied AFA to each of the mandatory respondents in this investigation,
in accordance with section 776 of the Act, there are no calculations to
disclose. Accordingly, the calculations performed in connection with
this preliminary determination are not proprietary in nature, and are
described in the Preliminary Decision Memorandum.
Interested parties are invited to comment on this preliminary
determination. Interested parties may submit case briefs to the
Department no later than 30 days after the date of publication of this
preliminary determination.\6\ A table of contents, list of authorities
used, and an executive summary of issues should accompany any briefs
submitted to the Department.\7\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(c)(1)(i).
\7\ See 19 CFR 351.309(c)(2).
---------------------------------------------------------------------------
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 in IA ACCESS. An electronically filed document
must be received successfully in its entirety in IA ACCESS, by 5:00
p.m. Eastern Standard Time, within 30 days after the date of
publication of this notice.\8\ Hearing requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues you intend to present at the
hearing. 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 time and location
to be determined. Parties should confirm by telephone the date, time,
and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d) of the Act, the Department will
instruct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of calcium hypochlorite from the PRC, as
described in the ``Scope of the Investigation'' section, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Furthermore,
consistent with our practice, where the product under investigation is
also subject to a concurrent countervailing duty investigation, we
instruct CBP to require a cash deposit equal to the amount by which the
normal value exceeds the export price or constructed export price, less
the amount of the countervailing duty determined to constitute an
export subsidy. In this LTFV investigation, with regard to PRC-wide
entity, export subsidies constitute 9.62 percent \9\ of the
preliminarily calculated countervailing duty rate in the concurrent
countervailing duty investigation, and, thus, we will offset the PRC-
wide rate of 210.52 percent by the countervailing duty rate
attributable to export subsidies (i.e., 9.62 percent) to calculate the
cash deposit rate for this LTFV investigation.
---------------------------------------------------------------------------
\9\ The following subsidy programs in the preliminary
determination of the concurrent countervailing duty investigation
are export subsidies: Discounted Loans for Export-Oriented
Enterprises (1.06%), Export Credits from China's Export-Import Bank
(1.06%), Export Credit Insurance from China Export and Credit
Insurance Corporation (Sinosure) (1.06%), Foreign Trade Development
Fund (0.55%), Famous Brands Program (0.55%), Provision of Shipping
for LTAR (5.34%). See 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, 79 FR 30082
(May 27, 2014), and accompanying Preliminary Decision Memorandum at
11.
---------------------------------------------------------------------------
Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to a request from Wuhan Rui Sunny Chemical Co., Ltd., we
are postponing the final determination and extending the provisional
measures from a four-month period to no more than six months.\10\
Accordingly, we will make our final determination no later than 135
days after the date of publication of this preliminary determination,
pursuant to section 735(a)(2) of the Act.\11\
---------------------------------------------------------------------------
\10\ See Letter to the Secretary of Commerce from Wuhan Rui
Sunny Chemical Co., Ltd., ``Request for Extension of Final
Determination'' (July 1, 2014).
\11\ See also 19 CFR 351.210(e).
---------------------------------------------------------------------------
International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we notified the ITC
of our preliminary affirmative determination of sales at LTFV. Section
735(b)(2) of the Act requires the ITC to make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
calcium hypochlorite, or sales (or the likelihood of sales) for
importation, of the merchandise under consideration within 45 days of
our final determination.
This determination is issued and published in accordance with
sections
[[Page 43395]]
733(f) and 777(i)(1) of the Act and 19 CFR 351.205(b)(2).
Dated: 16 July 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum:
I. Summary
II. Background
1. Initiation
2. Period of Investigation
3. Postponement of Preliminary Determination
4. Postponement of Final Determination and Extension of Provisional
Measures
5. Scope of the Investigation
6. Scope Comments
7. Selection of Respondents
III. Discussion of the Methodology
1. Non-Market Economy Country
2. Separate Rates
3. Total Adverse Facts Available for Rui Sunny
A. Background
B. Facts Available and Selection Based Upon Adverse Inferences for
Rui Sunny
4. The PRC-Wide Entity
5. Application of Facts Available and Selection Based Upon Adverse
Inferences for the PRC-Wide Entity
6. Corroboration of AFA Rate
7. Verification
8. Section 777A(f) of the Act
IV. ITC Notification
V. Conclusion
[FR Doc. 2014-17487 Filed 7-24-14; 8:45 am]
BILLING CODE 3510-DS-P