Calcium Hypochlorite From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 74064-74065 [2014-29368]

Download as PDF 74064 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Notices Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Determination of Calcium Hypochlorite from the People’s Republic of China’’ (‘‘Decision Memorandum’’), which is hereby adopted by this notice.2 DEPARTMENT OF COMMERCE International Trade Administration [C–570–009] Calcium Hypochlorite From the People’s Republic of China: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: The Department of Commerce (‘‘Department’’) determines that countervailable subsidies are being provided to producers and exporters of calcium hypochlorite from the People’s Republic of China (‘‘PRC’’). For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. DATES: Effective Date: December 15, 2014. FOR FURTHER INFORMATION CONTACT: Katie Marksberry, 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 202.482.7906. SUPPLEMENTARY INFORMATION: SUMMARY: Background The petitioner to this investigation is Arch Chemicals Inc. (‘‘Petitioner’’). This investigation covers 24 government programs. The Department selected three mandatory respondents; Hubei Dinglong Chemical Co., Ltd. (‘‘Hubei Dinglong’’), W&W Marketing Corporation (‘‘W&W Marketing’’), and Tianjin Jinbin International Trade Co., Ltd. (‘‘Tianjin Jinbin’’). All three mandatory respondents refused to participate in this investigation. emcdonald on DSK67QTVN1PROD with NOTICES Period of Investigation The period of investigation for which we are measuring subsidies is January 1, 2012, through December 31, 2012. Case History The events that have occurred since the Department published the Preliminary Determination on May 27, 2014,1 are discussed in the Memorandum to Paul Piquado, 1 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) (Preliminary Determination), and the accompanying Preliminary Decision Memorandum. VerDate Sep<11>2014 02:54 Dec 13, 2014 Jkt 235001 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 percent 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 I to this notice. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs submitted by parties in this investigation are addressed in the Decision Memorandum, dated concurrently with this notice. A list of the issues that parties raised and to which we responded in the Decision Memorandum is attached to this notice as Appendix II. The Decision Memorandum is a public document and is on file electronically via ACCESS. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at https:// enforcement.trade.gov/frn/. The signed and the electronic versions of this memorandum are identical in content. Use of Facts Otherwise Available, Including Adverse Inferences For purposes of this final determination, we relied on facts available and applied an adverse inference, in accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (‘‘the Act’’), with regard to 2 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (‘‘ACCESS’’). The Web site location was changed from https:// iaaccess.trade.gov to https://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). Public versions of all business proprietary documents and all public documents are on file electronically via ACCESS. Access to ACCESS is available to registered users at https:// access.trade.gov and to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 (1) the existence of a financial contribution, benefit, and specificity for the alleged subsidy programs and (2) the net subsidy rate assigned to Hubei Dinglong, W&W Marketing, and Tianjin Jinbin. A full discussion of our decision to rely on adverse facts available is presented in the Decision Memorandum under the section ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ Suspension of Liquidation In accordance with section 705(c)(1)(B)(i) of the Act, we have calculated individual rates for Hubei Dinglong, W&W Marketing, and Tianjin Jinbin. 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 rates, and any rates determined entirely under section 776 of the Act. Section 705(c)(5)(A)(ii) of the Act states that if the countervailable subsidy rates for all exporters and producers individually investigated are zero or de minimis rates, or are determined entirely under 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, including averaging the weighted average countervailable subsidy rates determined for the exporters and producers individually investigated. As described above, all of the mandatory respondents’ subsidy rates were calculated entirely under section 776 of the Act. Therefore, we have resorted to ‘‘any reasonable method’’ to derive the ‘‘all-others’’ rate, as described under section 705(c)(5)(A)(ii) of the Act. We are basing the ‘‘all-others’’ rate on the rate determined for the mandatory respondents, consistent with section 705(c)(5)(A)(ii) of the Act.3 This issue is discussed in more detail in Comment 2 of the Decision Memorandum. We determine the total estimated net countervailable subsidy rates to be: Producer/exporter Hubei Dinglong Chemical Co., Ltd. ............................ W&W Marketing Corporation Net subsidy ad valorem rate (percent) 65.85 65.85 3 See, e.g., 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, 30376 (June 1, 2010). E:\FR\FM\15DEN1.SGM 15DEN1 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Notices disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or Tianjin Jinbin International conversion to judicial protective order is Trade Co., Ltd. .................. 65.85 All Others .............................. 65.85 hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to As a result of our Preliminary sanction. Determination, and pursuant to section This determination is published 703(d) of the Act, we instructed U.S. Customs and Border Protection (‘‘CBP’’) pursuant to sections 705(d) and 777(i) of the Act. to suspend liquidation of all entries of calcium hypochlorite from the PRC that Dated: December 8, 2014. were entered or withdrawn from Paul Piquado, warehouse, for consumption on or after Assistant Secretary for Enforcement and May 27, 2014, the date of publication of Compliance. the Preliminary Determination in the Appendix I—Scope of the Investigation Federal Register. In accordance with section 703(d) of the Act, we issued The product covered by this investigation is calcium hypochlorite, regardless of form instructions to CBP to discontinue the (e.g., powder, tablet (compressed), crystalline suspension of liquidation for (granular), or in liquid solution), whether or countervailing duty (‘‘CVD’’) purposes not blended with other materials, containing for subject merchandise entered, or at least 10 percent available chlorine withdrawn from warehouse, on or after measured by actual weight. The scope also September 24, 2014, but to continue the includes bleaching powder and hemibasic suspension of liquidation of all entries calcium hypochlorite. from May 27, 2014, through September Calcium hypochlorite has the general chemical formulation Ca(OCl)2, but may also 23, 2014. be sold in a more dilute form as bleaching If the U.S. International Trade powder with the chemical formulation, Commission (‘‘ITC’’) issues a final Ca(OCl)2.CaCl2.Ca(OH)2.2H2O or hemibasic affirmative injury determination, we will issue a CVD order and reinstate the calcium hypochlorite with the chemical formula of 2Ca(OCl)2.Ca(OH)2 or suspension of liquidation under section Ca(OCl)2.0.5Ca(OH)2. Calcium hypochlorite 706(a) of the Act and will require a cash has a Chemical Abstract Service (‘‘CAS’’) deposit of estimated CVDs for such registry number of 7778–54–3, and a U.S. entries of merchandise in the amounts Environmental Protection Agency (‘‘EPA) Pesticide Code (‘‘PC’’) Number of 014701. indicated above. If the ITC determines that material injury, or threat of material The subject calcium hypochlorite has an International Maritime Dangerous Goods injury, does not exist, this proceeding (‘‘IMDG’’) code of Class 5.1 UN 1748, 2880, will be terminated and all estimated or 2208 or Class 5.1/8 UN 3485, 3486, or duties deposited or securities posted as 3487. a result of the suspension of liquidation Calcium hypochlorite is currently will be refunded or canceled. classifiable under the subheading Producer/exporter Net subsidy ad valorem rate (percent) emcdonald on DSK67QTVN1PROD with NOTICES 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 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 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 VerDate Sep<11>2014 04:14 Dec 13, 2014 Jkt 235001 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 II—Issues and Decision Memorandum I. Summary II. Background A. Case History B. Period of Investigation III. Scope Comments IV. Scope of the Investigation V. Use of Facts Otherwise Available and Adverse Inferences A. Selection of the Adverse Facts Available Rate PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 74065 B. Subsidy Rate Chart VI. Analysis of Comments Comment 1: Whether the Department Correctly Denied CPIW/JSCC Voluntary/ Mandatory Respondent Status Comment 2: Whether the Department Correctly Calculated the CVD Rate Applied to CPIW/JSCC [FR Doc. 2014–29368 Filed 12–12–14; 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: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) 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 735 of the Tariff Act of 1930, as amended (‘‘the Act’’). This investigation’s final dumping margin is in the ‘‘Final Determination Margins’’ section infra. DATES: Effective Date: December 15, 2014. AGENCY: FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, 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) 482–0219. SUPPLEMENTARY INFORMATION: Background On July 25, 2014, the Department published in the Federal Register its Preliminary Determination 1 of sales at LTFV and postponement of the final determination in the antidumping duty investigation of calcium hypochlorite from the PRC.2 We invited interested parties to comment on our Preliminary Determination. We received no comments. The Department conducted this investigation in accordance with section 731 of the Act. 1 See Calcium Hypochlorite From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 79 FR 43393 (July 25, 2014) (‘‘Preliminary Determination’’). 2 See id. E:\FR\FM\15DEN1.SGM 15DEN1

Agencies

[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Notices]
[Pages 74064-74065]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29368]

[[Page 74064]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-009]

Calcium Hypochlorite From the People's Republic of China: Final
Affirmative Countervailing Duty Determination

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce (``Department'') determines that
countervailable subsidies are being provided to producers and exporters
of calcium hypochlorite from the People's Republic of China (``PRC'').
For information on the estimated subsidy rates, see the ``Suspension of
Liquidation'' section of this notice.

DATES: Effective Date: December 15, 2014.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry, 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 202.482.7906.

SUPPLEMENTARY INFORMATION:

Background

The petitioner to this investigation is Arch Chemicals Inc.
(``Petitioner''). This investigation covers 24 government programs. The
Department selected three mandatory respondents; Hubei Dinglong
Chemical Co., Ltd. (``Hubei Dinglong''), W&W Marketing Corporation
(``W&W Marketing''), and Tianjin Jinbin International Trade Co., Ltd.
(``Tianjin Jinbin''). All three mandatory respondents refused to
participate in this investigation.

Period of Investigation

The period of investigation for which we are measuring subsidies is
January 1, 2012, through December 31, 2012.

Case History

The events that have occurred since the Department published the
Preliminary Determination on May 27, 2014,\1\ are discussed in the
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, ``Issues and Decision Memorandum for the Final
Determination of Calcium Hypochlorite from the People's Republic of
China'' (``Decision Memorandum''), which is hereby adopted by this
notice.\2\
---------------------------------------------------------------------------

\1\ 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)
(Preliminary Determination), and the accompanying Preliminary
Decision Memorandum.
\2\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014). Public versions of all
business proprietary documents and all public documents are on file
electronically via ACCESS. Access to ACCESS is available to
registered users at https://access.trade.gov and to all parties in
the Central Records Unit, Room 7046 of the main Department of
Commerce building.
---------------------------------------------------------------------------

Scope of the Investigation

Analysis of Subsidy Programs and Comments Received

The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs submitted by parties in this investigation
are addressed in the Decision Memorandum, dated concurrently with this
notice. A list of the issues that parties raised and to which we
responded in the Decision Memorandum is attached to this notice as
Appendix II. The Decision Memorandum is a public document and is on
file electronically via ACCESS. In addition, a complete version of the
Decision Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed and the electronic
versions of this memorandum are identical in content.

Use of Facts Otherwise Available, Including Adverse Inferences

For purposes of this final determination, we relied on facts
available and applied an adverse inference, in accordance with sections
776(a) and (b) of the Tariff Act of 1930, as amended (``the Act''),
with regard to (1) the existence of a financial contribution, benefit,
and specificity for the alleged subsidy programs and (2) the net
subsidy rate assigned to Hubei Dinglong, W&W Marketing, and Tianjin
Jinbin. A full discussion of our decision to rely on adverse facts
available is presented in the Decision Memorandum under the section
``Use of Facts Otherwise Available and Adverse Inferences.''

Suspension of Liquidation

In accordance with section 705(c)(1)(B)(i) of the Act, we have
calculated individual rates for Hubei Dinglong, W&W Marketing, and
Tianjin Jinbin. 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 rates,
and any rates determined entirely under section 776 of the Act. Section
705(c)(5)(A)(ii) of the Act states that if the countervailable subsidy
rates for all exporters and producers individually investigated are
zero or de minimis rates, or are determined entirely under 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, including averaging the weighted average countervailable
subsidy rates determined for the exporters and producers individually
investigated. As described above, all of the mandatory respondents'
subsidy rates were calculated entirely under section 776 of the Act.
Therefore, we have resorted to ``any reasonable method'' to derive the
``all-others'' rate, as described under section 705(c)(5)(A)(ii) of the
Act. We are basing the ``all-others'' rate on the rate determined for
the mandatory respondents, consistent with section 705(c)(5)(A)(ii) of
the Act.\3\ This issue is discussed in more detail in Comment 2 of the
Decision Memorandum.
---------------------------------------------------------------------------

\3\ See, e.g., 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, 30376 (June 1, 2010).
---------------------------------------------------------------------------

We determine the total estimated net countervailable subsidy rates
to be:

------------------------------------------------------------------------
Net subsidy ad
Producer/exporter valorem rate
(percent)
------------------------------------------------------------------------
Hubei Dinglong Chemical Co., Ltd........................ 65.85
W&W Marketing Corporation............................... 65.85

[[Page 74065]]

Tianjin Jinbin International Trade Co., Ltd............. 65.85
All Others.............................................. 65.85
------------------------------------------------------------------------

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 calcium
hypochlorite from the PRC that were entered or withdrawn from
warehouse, for consumption on or after May 27, 2014, the date of
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 countervailing
duty (``CVD'') purposes for subject merchandise entered, or withdrawn
from warehouse, on or after September 24, 2014, but to continue the
suspension of liquidation of all entries from May 27, 2014, through
September 23, 2014.
If the U.S. 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 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 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 that is subject to sanction.
This determination is published pursuant to sections 705(d) and
777(i) of the Act.

Dated: December 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--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 percent
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 II--Issues and Decision Memorandum

I. Summary
II. Background
A. Case History
B. Period of Investigation
III. Scope Comments
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and Adverse Inferences
A. Selection of the Adverse Facts Available Rate
B. Subsidy Rate Chart
VI. Analysis of Comments
Comment 1: Whether the Department Correctly Denied CPIW/JSCC
Voluntary/Mandatory Respondent Status
Comment 2: Whether the Department Correctly Calculated the CVD
Rate Applied to CPIW/JSCC
[FR Doc. 2014-29368 Filed 12-12-14; 8:45 am]
BILLING CODE 3510-DS-P

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