Chlorinated Isocyanurates From the People's Republic of China: Final Affirmative Countervailing Duty Determination; 2012, 56560-56562 [2014-22501]
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56560
Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices
issued thereunder; any regulation,
license, or order issued under the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706); 18
U.S.C. 793, 794 or 798; section 4(b) of
the Internal Security Act of 1950 (50
U.S.C. 783(b)), or section 38 of the Arms
Export Control Act (22 U.S.C. 2778).’’ 15
CFR 766.25(a); see also Section 11(h) of
the EAA, 50 U.S.C. app. § 2410(h). The
denial of export privileges under this
provision may be for a period of up to
10 years from the date of the conviction.
15 CFR 766.25(d); see also 50 U.S.C.
app. § 2410(h). In addition, Section
750.8 of the Regulations states that the
Bureau of Industry and Security’s Office
of Exporter Services may revoke any
Bureau of Industry and Security (‘‘BIS’’)
licenses previously issued in which the
person had an interest in at the time of
his conviction.
I have received notice of Zhang’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for Zhang to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
received a written submission from
Zhang. However, the submission was
not in English nor did it include an
English translation. Subsequently, I
notified Zhang that if he would like BIS
to consider his written submission, he
should resubmit the submission in
English or provide an English
translation. BIS did not receive a
response in English or otherwise.
Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Zhang’s export
privileges under the Regulations for a
period of 10 years from the date of
Zhang’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Zhang
had an interest at the time of his
conviction.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Accordingly, it is hereby
Ordered
I. Until December 10, 2023, Ming
Suan Zhang, with a last known address
at: Inmate Number: 00819–005,
Moshannon Valley, Correctional
Institution, 555 Geo Drive, Philipsburg,
PA 16866, and when acting for or on
behalf of Zhang, his representatives,
assigns, agents or employees (the
‘‘Denied Person’’), may not, directly or
indirectly, participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
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Jkt 232001
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
II. No person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
III. After notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
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organization related to Zhang by
affiliation, ownership, control or
position of responsibility in the conduct
of trade or related services may also be
subject to the provisions of this Order if
necessary to prevent evasion of the
Order.
IV. This Order is effective
immediately and shall remain in effect
until December 10, 2023.
V. In accordance with part 756 of the
Regulations, Zhang may file an appeal
of this Order with the Under Secretary
of Commerce for Industry and Security.
The appeal must be filed within 45 days
from the date of this Order and must
comply with the provisions of part 756
of the Regulations.
VI. A copy of this Order shall be
delivered to Zhang. This Order shall be
published in the Federal Register.
Issued this 15th day of September, 2014.
Karen H. Nies-Vogel,
Acting Director, Office of Exporter Services.
[FR Doc. 2014–22421 Filed 9–19–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–991]
Chlorinated Isocyanurates From the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination; 2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) published the
Preliminary Determination of the
countervailing duty (‘‘CVD’’)
investigation of chlorinated
isocyanurates (‘‘isos’’) from the People’s
Republic of China (‘‘PRC’’) on February
24, 2014.1 The Department determines
that countervailable subsidies are being
provided to producers and exporters of
isos from the PRC. For information on
the estimated subsidy rates, see the
‘‘Suspension of Liquidation’’ section of
this notice. The period of investigation
is January 1, 2012 through December 31,
2012.
DATES: Effective Date: September 22,
2014.
FOR FURTHER INFORMATION CONTACT:
Matthew Renkey (Kangtai) or Paul
Walker (Jiheng), AD/CVD Operations,
AGENCY:
1 See Countervailing Duty Investigation of
Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Determination and
Alignment of Final Determination with Final
Antidumping Determination, 79 FR 10097
(February 24, 2014) (‘‘Preliminary Determination’’).
E:\FR\FM\22SEN1.SGM
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Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone
202.482.2312, or 202.482.0413,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
Preliminary Determination on February
24, 2014.2 Petitioners in this case are
Clearon Corp. and Occidental Chemical
Corporation. Between May 22 and July
18, 2014, we conducted a verification of
the questionnaire responses of the
Government of the PRC (‘‘GOC’’), Hebei
Jiheng Chemicals Co., Ltd. (‘‘Jiheng’’) 3
and Juancheng Kangtai Chemical Co.,
Ltd. (‘‘Kangtai’’). Between July 31, 2014
and August 5, 2014, interested parties
submitted case and rebuttal briefs. A
full discussion of the issues raised by
parties for this final determination may
be found in the I&D Memo, which is
hereby adopted by this notice.4 The I&D
Memo 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 I&D Memo can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed I&D Memo and the
electronic versions are identical in
content.
Scope Comments
In accordance with the preamble to
the Department’s regulations and as
stated in the Initiation,5 we set aside a
period of time for parties to raise issues
regarding product coverage. We
encouraged all parties to submit
asabaliauskas on DSK5VPTVN1PROD with NOTICES
2 Id.
3 Including its cross-owned affiliates Hebei Jiheng
Baikang Chemical Industry Co., Ltd. (‘‘Baikang’’)
and the Hebei Jiheng Group Co., Ltd. (the ‘‘Jiheng
Group’’).
4 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Countervailing Duty Investigation of
Chlorinated Isocyanurates from the People’s
Republic of China: Issues and Decision
Memorandum for the Final Determination,’’ dated
concurrently with this notice (‘‘I&D Memo’’).
5 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997); Chlorinated
Isocyanurates from the People’s Republic of China:
Initiation of Countervailing Duty Investigation, 78
FR 59001 (September 25, 2013) (‘‘Initiation’’).
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17:07 Sep 19, 2014
Jkt 232001
comments within 20 calendar days of
publication of the Initiation. No parties
submitted scope comments in this
investigation.
Scope of the Investigation
The products covered by this
investigation are chlorinated
isocyanurates. Chlorinated
isocyanurates are derivatives of
cyanuric acid, described as chlorinated
s-triazine triones. There are three
primary chemical compositions of
chlorinated isocyanurates: (1)
Trichloroisocyanuric acid (‘‘TCCA’’)
(Cl3(NCO)3), (2) sodium
dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 X 2H2O), and (3) sodium
dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated
isocyanurates are available in powder,
granular and solid (e.g., tablet or stick)
forms.
Chlorinated isocyanurates are
currently classifiable under subheadings
2933.69.6015, 2933.69.6021,
2933.69.6050, 3808.50.4000,
3808.94.5000, and 3808.99.9500 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). The tariff
classification 2933.69.6015 covers
sodium dichloroisocyanurates
(anhydrous and dihydrate forms) and
trichloroisocyanuric acid. The tariff
classifications 2933.69.6021 and
2933.69.6050 represent basket categories
that include chlorinated isocyanurates
and other compounds including an
unfused triazine ring. The tariff
classifications 3808.50.4000,
3808.94.5000 and 3808.99.9500 cover
disinfectants that include chlorinated
isocyanurates. The HTSUS subheadings
are provided for convenience and
customs purposes. The written
description of the scope of the
investigation is dispositive.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
I&D Memo. A list of the issues that
parties raised, and to which we
responded in the I&D Memo, is attached
to this notice as an Appendix.
Use of Adverse Facts Available
For purposes of this final
determination, we relied on facts
available, and drawn an adverse
inference, in accordance with sections
776(a) and (b) of the Tariff Act of 1930,
as amended (‘‘Act’’), in determining the
countervailability of the GOC’s
provision of electricity. The GOC
provided no provincial-specific
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56561
information in response to questions
from the Department in its initial
questionnaire response and in a
supplemental questionnaire response.
Because of the GOC’s failure to respond
to the Department’s questions, necessary
information regarding the GOC’s
provision of electricity is not on the
record. Thus, we determine that we
must rely on facts otherwise available in
this final determination in analyzing
this program.6 Moreover, we find that
the GOC failed to cooperate by not
acting to the best of its ability and,
consequently, an adverse inference is
warranted in the application of facts
available.7 As adverse facts available,
we determined that that the GOC’s
provision of electricity constitutes a
financial contribution within the
meaning of section 771(5)(D) of the Act
and is specific within the meaning of
section 771(5A) of the Act. We also
relied on an adverse inference in
selecting the benchmark for determining
the existence and amount of the benefit.
For a full discussion of this issue, see
the I&D Memo at ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ and Comment 1.
We also relied on facts available, and
drew an adverse inference, in
accordance with sections 776(a) and (b)
of the Act, to determine the subsidy rate
for the Jiheng Group’s electricity for less
than adequate remuneration. The Jiheng
Group failed to report its electricity
purchases for one of its branch
companies, Jiheng Lantian Chemical
Branch Company (‘‘Lantian’’). Because
of the Jiheng Group’s failure to report
these purchases, necessary information
regarding Lantian’s electricity purchases
are not on the record. Thus, we
determine that we must rely on facts
otherwise available in this final
determination in calculating the Jiheng
Group’s CVD rate.8 Moreover, we find
that the Jiheng Group failed to cooperate
by not acting to the best of its ability
and, consequently, an adverse inference
is warranted in the application of facts
available.9 As adverse facts available,
we inferred that Lantian’s purchases of
6 See sections 776(a)(1) and (a)(2)(A) of the Act
(stating that the Department may make a
determination based on facts available if ‘‘(1)
necessary information is not available on the
record’’ or ‘‘(2) an interested party’’ ‘‘(A) withholds
information that has been requested’’ by the
Department).
7 See section 776(b) of the Act (permitting the
Department to ‘‘use an inference that is adverse to
the interests of the party in selecting from among
the facts otherwise available’’ if ‘‘an interested party
has failed to cooperate by not acting to the best of
its ability to comply with a request for information’’
from the Department).
8 See sections 776(a)(1) and (a)(2)(A) of the Act.
9 See section 776(b) of the Act.
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Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices
electricity occurred at the lowest
possible rate, and that the benchmark
used to calculate the benefit is from the
high peak rate. For a full discussion of
this issue, see the I&D Memo at ‘‘Use of
Facts Otherwise Available and Adverse
Inferences’’ and Comment 2.
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
a rate for each company respondent.
Section 705(c)(5)(A)(i) of the Act states
that, for companies not individually
investigated, we will determine an ‘‘all
others’’ rate equal to the weightedaverage countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero and de minimis countervailable
subsidy rates, and any rates determined
entirely under section 776 of the Act.
Notwithstanding the language of
section 705(c)(5)(A)(i) of the Act, we
have not calculated the ‘‘all others’’ rate
by weight averaging the rates of Jiheng
and Kangtai because doing so risks
disclosure of proprietary information.
Therefore, we calculated a simple
average of Jiheng’s and Kangtai’s rates.10
Since both Jiheng and Kangtai received
countervailable export subsidies and the
‘‘all others’’ rate is an average based on
the individually investigated
respondents, the ‘‘all others’’ rate
includes export subsidies.
We determine the total estimated net
countervailable subsidy rates to be:
Subsidy
rate
Company
In accordance with section 705(d) 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 related 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
(‘‘APO’’), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
Return or Destruction of Proprietary
Information
20.06
10 See,
e.g., Certain Oil Country Tubular Goods
From the Republic of Turkey: Final Affirmative
Countervailing Duty Determination and Final
Affirmative Critical Circumstances Determination,
79 FR 41964, 41965 (July 18, 2014).
VerDate Sep<11>2014
17:07 Sep 19, 2014
Jkt 232001
Comment 1: Appropriate High Peak, Peak,
Normal and Valley Electricity Benchmarks
Comment 2: Jiheng’s Electricity Consumption
Comment 3: Kangtai’s Electricity
Consumption
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Frm 00008
Fmt 4703
Comment 4: Specificity Issue for the
Provision of Urea for Less than Adequate
Remuneration
[FR Doc. 2014–22501 Filed 9–19–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–018]
Boltless Steel Shelving Units
Prepackaged for Sale From the
People’s Republic of China: Initiation
of Antidumping Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 22,
2014.
AGENCY:
ITC Notification
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
1.55
to parties subject to an APO of their
10.81
responsibility concerning the
destruction of proprietary information
Suspension of Liquidation
disclosed under APO in accordance
As a result of our Preliminary
with 19 CFR 351.305(a)(3). Timely
Determination and pursuant to section
written notification of the return/
703(d) of the Act, we instructed U.S.
destruction of APO materials or
Customs and Border Protection (‘‘CBP’’) conversion to judicial protective order is
to suspend liquidation of all entries of
hereby requested. Failure to comply
subject merchandise from the PRC that
with the regulations and terms of an
were entered, or withdrawn from
APO is a violation which is subject to
warehouse, for consumption on or after
sanction.
February 24, 2014, the date of the
This determination is issued and
publication of the Preliminary
published pursuant to sections 705(d)
Determination in the Federal Register.
In accordance with section 703(d) of the and 777(i) of the Act.
Dated: September 8, 2014.
Act, we issued instructions to CBP to
discontinue the suspension of
Paul Piquado,
liquidation for CVD purposes for subject Assistant Secretary for Enforcement and
merchandise entered, or withdrawn
Compliance.
from warehouse, on or after June 24,
Appendix—I&D Memo
2014, but to continue the suspension of
Hebei Jiheng Chemicals Co., Ltd.
Juancheng Kangtai Chemical Co.,
Ltd .............................................
All Others ......................................
asabaliauskas on DSK5VPTVN1PROD with NOTICES
liquidation of all entries from February
24, 2014, through June 23, 2014.
If the International Trade Commission
(‘‘ITC’’) issues a final affirmative injury
determination, we will issue a CVD
order and reinstate the suspension of
liquidation under section 706(a) of the
Act, and we will require a cash deposit
of estimated CVDs for such entries of
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, Office V, 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) 482–2593.
SUPPLEMENTARY INFORMATION:
The Petition
On August 26, 2014, the Department
of Commerce (‘‘Department’’) received
an antidumping duty (‘‘AD’’) petition
concerning imports of boltless steel
shelving units prepackaged for sale
(‘‘boltless steel shelving’’) from the
People’s Republic of China (‘‘PRC’’),
officially filed in proper form on behalf
of the Edsal Manufacturing Company,
Inc. (‘‘Petitioner’’).1 The AD Petition
was accompanied by a countervailing
duty (‘‘CVD’’) petition concerning
imports of boltless steel shelving from
the PRC. On August 27, August 28, and
September 9, 2014, the Department
requested additional information and
clarification of certain areas of the
Petition.2 On September 4 and 11, 2014,
1 See Letter to the Secretary of Commerce from
Petitioner ‘‘Antidumping and Countervailing Duty
Petition’’ (August 26, 2014) (‘‘Petition’’).
2 See Letter to Petitioner from Catherine Bertrand,
Program Manager, Office V ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Boltless Steel Shelving Units Prepackaged for Sale
from the People’s Republic of China: Supplemental
Questions’’ (August 27, 2014); Letter to Petitioner
from Catherine Bertrand, Program Manager, Office
V ‘‘Petition for the Imposition of Antidumping and
Countervailing Duties on Imports of Boltless Steel
Shelving Units Prepackaged for Sale from the
People’s Republic of China: Supplemental
Questions’’ (August 28, 2014); Memo to the File
from Vicki Flynn, Senior Import Policy Analyst
‘‘Phone Call with Counsel to Petitioner’’ (September
9, 2014).
E:\FR\FM\22SEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Notices]
[Pages 56560-56562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22501]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Final Affirmative Countervailing Duty Determination; 2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published the
Preliminary Determination of the countervailing duty (``CVD'')
investigation of chlorinated isocyanurates (``isos'') from the People's
Republic of China (``PRC'') on February 24, 2014.\1\ The Department
determines that countervailable subsidies are being provided to
producers and exporters of isos from the PRC. For information on the
estimated subsidy rates, see the ``Suspension of Liquidation'' section
of this notice. The period of investigation is January 1, 2012 through
December 31, 2012.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Investigation of Chlorinated
Isocyanurates from the People's Republic of China: Preliminary
Determination and Alignment of Final Determination with Final
Antidumping Determination, 79 FR 10097 (February 24, 2014)
(``Preliminary Determination'').
---------------------------------------------------------------------------
DATES: Effective Date: September 22, 2014.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey (Kangtai) or Paul
Walker (Jiheng), AD/CVD Operations,
[[Page 56561]]
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202.482.2312,
or 202.482.0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Determination on February
24, 2014.\2\ Petitioners in this case are Clearon Corp. and Occidental
Chemical Corporation. Between May 22 and July 18, 2014, we conducted a
verification of the questionnaire responses of the Government of the
PRC (``GOC''), Hebei Jiheng Chemicals Co., Ltd. (``Jiheng'') \3\ and
Juancheng Kangtai Chemical Co., Ltd. (``Kangtai''). Between July 31,
2014 and August 5, 2014, interested parties submitted case and rebuttal
briefs. A full discussion of the issues raised by parties for this
final determination may be found in the I&D Memo, which is hereby
adopted by this notice.\4\ The I&D Memo 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 I&D Memo can be accessed directly
at https://enforcement.trade.gov/frn/. The signed I&D Memo and
the electronic versions are identical in content.
---------------------------------------------------------------------------
\2\ Id.
\3\ Including its cross-owned affiliates Hebei Jiheng Baikang
Chemical Industry Co., Ltd. (``Baikang'') and the Hebei Jiheng Group
Co., Ltd. (the ``Jiheng Group'').
\4\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Countervailing Duty Investigation of Chlorinated Isocyanurates
from the People's Republic of China: Issues and Decision Memorandum
for the Final Determination,'' dated concurrently with this notice
(``I&D Memo'').
---------------------------------------------------------------------------
Scope Comments
In accordance with the preamble to the Department's regulations and
as stated in the Initiation,\5\ we set aside a period of time for
parties to raise issues regarding product coverage. We encouraged all
parties to submit comments within 20 calendar days of publication of
the Initiation. No parties submitted scope comments in this
investigation.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997); Chlorinated Isocyanurates from the People's
Republic of China: Initiation of Countervailing Duty Investigation,
78 FR 59001 (September 25, 2013) (``Initiation'').
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are chlorinated
isocyanurates. Chlorinated isocyanurates are derivatives of cyanuric
acid, described as chlorinated s-triazine triones. There are three
primary chemical compositions of chlorinated isocyanurates: (1)
Trichloroisocyanuric acid (``TCCA'') (Cl3(NCO)3),
(2) sodium dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 X 2H2O), and (3) sodium
dichloroisocyanurate (anhydrous) (NaCl2(NCO)3).
Chlorinated isocyanurates are available in powder, granular and solid
(e.g., tablet or stick) forms.
Chlorinated isocyanurates are currently classifiable under
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000,
3808.94.5000, and 3808.99.9500 of the Harmonized Tariff Schedule of the
United States (``HTSUS''). The tariff classification 2933.69.6015
covers sodium dichloroisocyanurates (anhydrous and dihydrate forms) and
trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and
2933.69.6050 represent basket categories that include chlorinated
isocyanurates and other compounds including an unfused triazine ring.
The tariff classifications 3808.50.4000, 3808.94.5000 and 3808.99.9500
cover disinfectants that include chlorinated isocyanurates. The HTSUS
subheadings are provided for convenience and customs purposes. The
written description of the scope of the investigation is dispositive.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the I&D Memo. A list of the issues that parties raised,
and to which we responded in the I&D Memo, is attached to this notice
as an Appendix.
Use of Adverse Facts Available
For purposes of this final determination, we relied on facts
available, and drawn an adverse inference, in accordance with sections
776(a) and (b) of the Tariff Act of 1930, as amended (``Act''), in
determining the countervailability of the GOC's provision of
electricity. The GOC provided no provincial-specific information in
response to questions from the Department in its initial questionnaire
response and in a supplemental questionnaire response. Because of the
GOC's failure to respond to the Department's questions, necessary
information regarding the GOC's provision of electricity is not on the
record. Thus, we determine that we must rely on facts otherwise
available in this final determination in analyzing this program.\6\
Moreover, we find that the GOC failed to cooperate by not acting to the
best of its ability and, consequently, an adverse inference is
warranted in the application of facts available.\7\ As adverse facts
available, we determined that that the GOC's provision of electricity
constitutes a financial contribution within the meaning of section
771(5)(D) of the Act and is specific within the meaning of section
771(5A) of the Act. We also relied on an adverse inference in selecting
the benchmark for determining the existence and amount of the benefit.
For a full discussion of this issue, see the I&D Memo at ``Use of Facts
Otherwise Available and Adverse Inferences'' and Comment 1.
---------------------------------------------------------------------------
\6\ See sections 776(a)(1) and (a)(2)(A) of the Act (stating
that the Department may make a determination based on facts
available if ``(1) necessary information is not available on the
record'' or ``(2) an interested party'' ``(A) withholds information
that has been requested'' by the Department).
\7\ See section 776(b) of the Act (permitting the Department to
``use an inference that is adverse to the interests of the party in
selecting from among the facts otherwise available'' if ``an
interested party has failed to cooperate by not acting to the best
of its ability to comply with a request for information'' from the
Department).
---------------------------------------------------------------------------
We also relied on facts available, and drew an adverse inference,
in accordance with sections 776(a) and (b) of the Act, to determine the
subsidy rate for the Jiheng Group's electricity for less than adequate
remuneration. The Jiheng Group failed to report its electricity
purchases for one of its branch companies, Jiheng Lantian Chemical
Branch Company (``Lantian''). Because of the Jiheng Group's failure to
report these purchases, necessary information regarding Lantian's
electricity purchases are not on the record. Thus, we determine that we
must rely on facts otherwise available in this final determination in
calculating the Jiheng Group's CVD rate.\8\ Moreover, we find that the
Jiheng Group failed to cooperate by not acting to the best of its
ability and, consequently, an adverse inference is warranted in the
application of facts available.\9\ As adverse facts available, we
inferred that Lantian's purchases of
[[Page 56562]]
electricity occurred at the lowest possible rate, and that the
benchmark used to calculate the benefit is from the high peak rate. For
a full discussion of this issue, see the I&D Memo at ``Use of Facts
Otherwise Available and Adverse Inferences'' and Comment 2.
---------------------------------------------------------------------------
\8\ See sections 776(a)(1) and (a)(2)(A) of the Act.
\9\ See section 776(b) of the Act.
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In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated a rate for each company respondent. Section 705(c)(5)(A)(i)
of the Act states that, for companies not individually investigated, we
will determine an ``all others'' rate equal to the weighted-average
countervailable subsidy rates established for exporters and producers
individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act.
Notwithstanding the language of section 705(c)(5)(A)(i) of the Act,
we have not calculated the ``all others'' rate by weight averaging the
rates of Jiheng and Kangtai because doing so risks disclosure of
proprietary information. Therefore, we calculated a simple average of
Jiheng's and Kangtai's rates.\10\ Since both Jiheng and Kangtai
received countervailable export subsidies and the ``all others'' rate
is an average based on the individually investigated respondents, the
``all others'' rate includes export subsidies.
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\10\ See, e.g., Certain Oil Country Tubular Goods From the
Republic of Turkey: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination, 79 FR 41964, 41965 (July 18, 2014).
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We determine the total estimated net countervailable subsidy rates
to be:
------------------------------------------------------------------------
Subsidy
Company rate
------------------------------------------------------------------------
Hebei Jiheng Chemicals Co., Ltd.............................. 20.06
Juancheng Kangtai Chemical Co., Ltd.......................... 1.55
All Others................................................... 10.81
------------------------------------------------------------------------
Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (``CBP'') to suspend liquidation of all entries of subject
merchandise from the PRC that were entered, or withdrawn from
warehouse, for consumption on or after February 24, 2014, the date of
the publication of the Preliminary Determination in the Federal
Register. In accordance with section 703(d) of the Act, we issued
instructions to CBP to discontinue the suspension of liquidation for
CVD purposes for subject merchandise entered, or withdrawn from
warehouse, on or after June 24, 2014, but to continue the suspension of
liquidation of all entries from February 24, 2014, through June 23,
2014.
If the International Trade Commission (``ITC'') issues a final
affirmative injury determination, we will issue a CVD order and
reinstate the suspension of liquidation under section 706(a) of the
Act, and we will require a cash deposit of estimated CVDs for such
entries of merchandise in the amounts indicated above. If the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) 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 related 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 (``APO''), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: September 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--I&D Memo
Comment 1: Appropriate High Peak, Peak, Normal and Valley
Electricity Benchmarks
Comment 2: Jiheng's Electricity Consumption
Comment 3: Kangtai's Electricity Consumption
Comment 4: Specificity Issue for the Provision of Urea for Less than
Adequate Remuneration
[FR Doc. 2014-22501 Filed 9-19-14; 8:45 am]
BILLING CODE 3510-DS-P
