Ammonium Sulfate From the People's Republic of China: Initiation of Countervailing Duty Investigation, 40661-40665 [2016-14670]

Download as PDF Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.13 Final Results of the Review In accordance with 19 CFR 351.216(e), the Department intends to issue the final results of this changed circumstances review not later than 270 days after the date on which the review is initiated, or within 45 days if all parties agree to our preliminary finding. Notification to Parties This initiation and preliminary results of review notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3)(ii). Dated: June 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix mstockstill on DSK3G9T082PROD with NOTICES Scope of the AD and CVD Orders on Certain Pasta From Italy 1 Imports covered by this Order are shipments of certain non-egg dry pasta in packages of five pounds four ounces or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastasis, vitamins, coloring and flavorings, and up to two percent egg white. The pasta covered by the scope of the Order is typically sold in the retail market, in fiberboard or cardboard cartons, or polyethylene or polypropylene bags of varying dimensions. Excluded from the scope of this Order are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non-egg dry pasta containing up to two percent egg white. Multicolored pasta, imported in kitchen display bottles of decorative glass that are sealed with cork or paraffin and bound with raffia, is excluded from the scope of the Order. Note 1. Pursuant to the Department’s August 14, 2009, changed circumstances review, effective July 1, 2008, gluten free pasta is also excluded from the scope of the Order.2 Note 2. Pursuant to the Department’s May 12, 2011, changed circumstances review, effective January 1, 2009, gluten free pasta is also excluded from the scope of the Order.3 Note 3. Effective January 1, 2012, ravioli and tortellini filled with cheese and/or vegetables 13 See 19 CFR 351.310(d). scope language will be used in the antidumping and countervailing duty orders on pasta from Italy. 2 This sentence is applicable only to the AD Italy Pasta Order. 3 This sentence is applicable only to the CVD Italy Pasta Order. 1 This VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 are also excluded from the scope of the Order. Note 4. Also excluded are imports of organic pasta from Italy that are certified by an EU authorized body in accordance with the United State Department of Agriculture’s National Organic Program for organic products. The organic pasta certification must be retained by exporters and importers and made available to U.S. Customs and Border Protection or the Department of Commerce upon request. The merchandise subject to this order is currently classifiable under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and Customs purposes, the written description of the merchandise subject to the Order is dispositive. Note 1: See Memorandum to Richard Moreland, dated August 25, 1997, which is on file in the CRU. Note 2: See Certain Pasta from Italy: Notice of Final Results of Antidumping Duty Changed Circumstances Review and Revocation, in Part, 74 FR 41120 (August 14, 2009). Note 3: See Certain Pasta From Italy: Final Results of Countervailing Duty Changed Circumstances Review and Revocation, In Part, 76 FR 27634 (May 12, 2011). Note 4: See Certain Pasta From Italy: Final Results of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews and Revocation, in Part, 79 FR 58319, 58320 (September 29, 2014). [FR Doc. 2016–14672 Filed 6–21–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–050] Ammonium Sulfate From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective June 14, 2016. FOR FURTHER INFORMATION CONTACT: Robert Galantucci at (202) 482–2923, or William Horn at (202) 482–2615, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On May 25, 2016, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of ammonium PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 40661 sulfate from the People’s Republic of China (PRC), filed in proper form on behalf of PCI Nitrogen, LLC (Petitioner). The CVD petition was accompanied by an antidumping duty (AD) petition, also concerning imports of ammonium sulfate from the PRC.1 Petitioner is a domestic producer of ammonium sulfate.2 On May 31, 2016 and June 7, 2016 the Department requested information and clarification for certain areas of the CVD Petition.3 Petitioner filed responses to these requests on June 3, 2016 and June 9, 2016, respectively.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), Petitioner alleges that the Government of the PRC (GOC) is providing countervailable subsidies (within the meaning of sections 701 and 771(5) of the Act) with respect to imports of ammonium sulfate from the PRC, and that imports of ammonium sulfate from the PRC are materially injuring, and threaten material injury to, the domestic industry producing ammonium sulfate in the United States. Also, consistent with section 702(b)(1) of the Act, for those alleged programs on which we have initiated a CVD investigation, the Petition is accompanied by information reasonably available to Petitioner supporting its allegations. The Department finds that Petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and that Petitioner has demonstrated sufficient industry support with respect to the initiation of the investigation Petitioner is requesting.5 1 See ‘‘Petition for the Imposition of Antidumping and Countervailing Duties: Ammonium Sulfate from the People’s Republic of China,’’ dated May 25, 2016 (Petitions). 2 See Volume I of the Petitions, at 1, and Exhibit I–1. 3 See Letter from Robert Bolling to Petitioner, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Ammonium Sulfate from the People’s Republic of China: Supplemental Questions,’’ dated May 31, 2016; see also Letter from Robert Bolling to Petitioner, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Ammonium Sulfate from the People’s Republic of China: Supplemental Questions,’’ dated June 7, 2016. 4 See Letter from Petitioner to Secretary of Commerce, ‘‘Ammonium Sulfate from the People’s Republic of China/Petitioner’s Response to the Department’s Questions Regarding the Petition,’’ dated June 3, 2016 (CVD Supplement); see also Letter from Petitioner to Secretary of Commerce, ‘‘Ammonium Sulfate from the People’s Republic of China/Petitioner’s Response to the Department’s Questions Regarding the Petition,’’ dated June 9, 2016 (CVD Second Supplement). 5 See ‘‘Determination of Industry Support for the Petition’’ below. E:\FR\FM\22JNN1.SGM 22JNN1 40662 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices Period of Investigation The period of investigation is January 1, 2015, through December 31, 2015.6 Scope of the Investigation The product covered by this investigation is ammonium sulfate from the PRC. For a full description of the scope of this investigation, see ‘‘Scope of Investigation’’ at Appendix I of this notice. Comments on Scope of the Investigation During our review of the Petition, the Department issued questions to, and received responses from, Petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.7 As discussed in the preamble to the Department’s regulations,8 we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope). The Department will consider all comments received from interested parties, and if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. In order to facilitate preparation of its questionnaires, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Monday, July 4, 2016, which is 20 calendar days from the signature date of this notice. However, as Monday July 4, 2016, is a Federal Holiday, interested parties may submit comments by 5:00 p.m. ET the next business day, Tuesday, July 5, 2016.9 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Friday, July 15, 2016. The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the 6 See 19 CFR 351.204(b)(2). Letter from Robert Bolling to Petitioner ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Ammonium Sulfate from the People’s Republic of China: Supplemental Questions,’’ dated May 27, 2016 . 8 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 9 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). mstockstill on DSK3G9T082PROD with NOTICES 7 See VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 Department and request permission to submit the additional information. All such comments must also be filed on the record of the concurrent AD investigation. Filing Requirements All submissions to the Department must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).10 An electronically-filed document must be received successfully in its entirety by the time and date it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. Consultations Pursuant to section 702(b)(4)(A)(i) of the Act, the Department notified representatives of the GOC of the receipt of the Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the Department provided representatives of the GOC the opportunity for consultations with respect to the CVD petition.11 The GOC did not request consultations or submit comments to the Department on the alleged subsidy programs in lieu of consultations. Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) 10 See 19 CFR 351.303 (for general filing requirements); Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011), for details of the Department’s electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook% 20on%20Electronic%20Filling%20Procedures.pdf. 11 See Letter of invitation from the Department, ‘‘Countervailing Duty Petition on Ammonium Sulfate from the People’s Republic of China,’’ dated May 31, 2016. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,12 they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.13 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition). With regard to the domestic like product, Petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that ammonium sulfate, as defined in the scope, constitutes a single domestic like product and we have analyzed industry 12 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 13 See E:\FR\FM\22JNN1.SGM 22JNN1 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES support in terms of that domestic like product.14 In determining whether Petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. Petitioner and supporters of the Petition provided their own production of the domestic like product in 2015.15 Petitioner also provided data from The Fertilizer Institute to determine total 2015 production of the domestic like product by the entire domestic industry.16 To establish industry support, Petitioner compared the production of Petitioner and supporters of the Petition to the total 2015 production of the domestic like product for the entire domestic industry.17 We relied on data Petitioner provided for purposes of measuring industry support.18 Our review of the data provided in the Petition, General Issues Supplement, and other information readily available to the Department indicates that Petitioner has established industry support.19 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).20 Second, the domestic producers (or workers) have met the statutory criteria 14 For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Ammonium Sulfate from the People’s Republic of China (PRC CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Ammonium Sulfate from the People’s Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. 15 See PRC CVD Initiation Checklist, at Attachment II. 16 See PRC CVD Initiation Checklist, at Attachment II. 17 See Volume I of the Petition, at 2–3, and Exhibits I–3, I–4, and I–5; see also Letter from Petitioner to Secretary of Commerce, ‘‘Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Ammonium Sulfate from the People’s Republic of China: Supplemental Questions,’’ dated June 1, 2016 (General Issues Supplement), at 5. 18 See Volume I of the Petition, at 2–3, and Exhibits I–3, I–4, and I–5; see also General Issues Supplement, at 5. For further discussion, see PRC CVD Initiation Checklist. 19 See PRC CVD Initiation Checklist, at Attachment II. 20 See section 702(c)(4)(D) of the Act; see also PRC CVD Initiation Checklist, at Attachment II. VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.21 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.22 Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. The Department finds that Petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting the Department initiate.23 Injury Test Because the PRC is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation Petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, Petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.24 Petitioner contends that the industry’s injured condition is illustrated by reduced market share, underselling and price suppression or depression, lost sales and revenues, decline in shipments and production, and decline in financial performance.25 We have 21 See PRC CVD Initiation Checklist, at Attachment II. 22 Id. 23 See PRC CVD Initiation Checklist, at Attachment II. 24 See General Issues Supplement, at 5–6 and Exhibit I–S8. 25 See Volume I of the Petition, at 15–23 and Exhibits I–13 through I–19; see also General Issues Supplement, at 5–6 and Exhibit I–S8. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 40663 assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.26 Initiation of Countervailing Duty Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to Petitioner supporting the allegations. Petitioner alleges that producers/ exporters of ammonium sulfate in the PRC benefit from countervailable subsidies bestowed by the GOC. The Department examined the Petition and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, or exporters of ammonium sulfate from the PRC received countervailable subsidies from the GOC and various authorities thereof. On June 29, 2015, the President of the United States signed into law the Trade Preferences Extension Act of 2015, which made numerous amendments to the AD and CVD law.27 The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC.28 The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this CVD investigation.29 26 See PRC CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Ammonium Sulfate from the People’s Republic of China (Attachment III). 27 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). 28 See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). The 2015 amendments may be found at https:// www.congress.gov/bill/114th-congress/house-bill/ 1295/text/pl. 29 Id., at 46794–95. E:\FR\FM\22JNN1.SGM 22JNN1 40664 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices Based on our review of the petition, we find that there is sufficient information to initiate a CVD investigation on all 37 alleged programs in the PRC. For a full discussion of the basis for our decision to initiate on each program, see the PRC CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. mstockstill on DSK3G9T082PROD with NOTICES Respondent Selection Petitioner named 95 companies as producers/exporters of ammonium sulfate from the PRC.30 Following standard practice in CVD investigations, the Department will, where appropriate, select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of ammonium sulfate during the period of investigation under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) numbers listed in the scope in Appendix I, below. For this investigation, the Department will release CBP data for U.S. imports of subject merchandise during the period of investigation under the following HTSUS numbers: 3102.21.0000.31 We intend to release the CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO within five business days of the announcement of this Federal Register notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found at http://enforcement.trade.gov/apo/. Interested parties may submit comments regarding the CBP data and respondent selection by 5:00 p.m. ET on the seventh calendar day after publication of this notice. Comments must be filed in accordance with the filing requirements stated above. If respondent selection is necessary, we intend to base our decision regarding respondent selection upon comments received from interested parties and our analysis of the record information within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version 30 See Volume I of the Petition, at Exhibit I–10; see also General Issues Supplement at Exhibit I–S1. 31 See General Issues Supplement at Exhibit I–S2. VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 of the Petition has been provided to the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each known exporter (as named in the Petition), consistent with 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of ammonium sulfate from the PRC are materially injuring, or threatening material injury to, a U.S. industry.32 A negative ITC determination will result in the investigation being terminated; 33 otherwise, this investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). The regulation requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Parties should review the regulations prior to submitting factual information in this investigation. Extension of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension 32 See 33 See PO 00000 section 703(a)(2) of the Act. section 703(a)(1) of the Act. Frm 00012 Fmt 4703 Sfmt 4703 request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301 expires. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.34 Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule. 35 The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate 34 See section 782(b) of the Act. Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 35 See E:\FR\FM\22JNN1.SGM 22JNN1 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. DEPARTMENT OF COMMERCE Dated: June 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. AGENCY: Appendix I Scope of the Investigation mstockstill on DSK3G9T082PROD with NOTICES The merchandise covered by this investigation is ammonium sulfate in all physical forms, with or without additives such as anti-caking agents. Ammonium sulfate, which may also be spelled as ammonium sulphate, has the chemical formula (NH4)2SO4. The scope includes ammonium sulfate that is combined with other products, including by, for example, blending (i.e., mixing granules of ammonium sulfate with granules of one or more other products), compounding (i.e., when ammonium sulfate is compacted with one or more other products under high pressure), or granulating (incorporating multiple products into granules through, e.g., a slurry process). For such combined products, only the ammonium sulfate component is covered by the scope of this investigation. Ammonium sulfate that has been combined with other products is included within the scope regardless of whether the combining occurs in countries other than China. Ammonium sulfate that is otherwise subject to this investigation is not excluded when commingled (i.e., mixed or combined) with ammonium sulfate from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigation. The Chemical Abstracts Service (CAS) registry number for ammonium sulfate is 7783–20–2. The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. [FR Doc. 2016–14670 Filed 6–21–16; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 International Trade Administration [A–570–049] Ammonium Sulfate From the People’s Republic of China: Initiation of LessThan-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective date: June 14, 2016. FOR FURTHER INFORMATION CONTACT: Thomas Martin at (202) 482–3936 or Andrew Martinez (202) 482–3627, AD/ CVD Operations, Enforcement & Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On May 25, 2016, the Department of Commerce (the Department) received an antidumping duty (AD) petition concerning imports of ammonium sulfate from the People’s Republic of China (PRC), filed in proper form on behalf of PCI Nitrogen, LLC (PCI or Petitioner).1 The AD petition was accompanied by a countervailing duty (CVD) petition for ammonium sulfate from the PRC.2 Petitioner is a domestic producer of ammonium sulfate.3 On May 27, 2016 and June 3, 2016, the Department requested additional information and clarification of certain areas of the Petition.4 Petitioner filed responses to these requests on June 1 and 6, 2016.5 1 See the Petition for the Imposition of Antidumping and Countervailing Duties on Ammonium Sulfate from the People’s Republic of China, dated May 25, 2016 (the Petition) at Volumes I and II. 2 Id., at Volume III. 3 Id., at Volume I, at 1. 4 See the Letter from the Department to Petitioner entitled, ‘‘Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Ammonium Sulfate from the People’s Republic of China: Supplemental Questions,’’ dated May 27, 2016 (General Issues Supplemental Questionnaire); see also the Letter from the Department to Petitioner entitled, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Ammonium Sulfate from the People’s Republic of China: Supplemental Questions,’’ dated May 27, 2016 (AD Supplemental Questionnaire); see also the Letter from the Department to Petitioner entitled, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Ammonium Sulfate from the People’s Republic of China: Supplemental Questions,’’ dated June 3, 2016 (Second AD Supplemental Questionnaire). 5 See the Letter from Petitioner to the Department entitled, ‘‘Ammonium Sulfate from the People’s Republic of China/Petitioner’s Response to the Department’s Questions Regarding the Petition,’’ dated June 1, 2016 (General Issues Supplement); see also the Letter from Petitioner to the Department entitled, ‘‘Ammonium Sulfate from the People’s PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 40665 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), Petitioner alleges that imports of ammonium sulfate from the PRC are being, or are likely to be, sold in the United States at less-than-fair value within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to Petitioner supporting its allegations. The Department finds that Petitioner filed this Petition on behalf of the domestic industry because Petitioner is an interested party as defined in section 771(9)(C) of the Act. The Department also finds that Petitioner demonstrated sufficient industry support with respect to the initiation of the AD investigation that Petitioner is requesting.6 Period of Investigation Because the Petition was filed on May 25, 2016, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) is October 1, 2015 through March 31, 2016. Scope of the Investigation The product covered by this investigation is ammonium sulfate from the PRC. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. Comments on Scope of the Investigation During our review of the Petition, the Department issued questions to, and received responses from, Petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.7 As discussed in the preamble to the Department’s regulations,8 we are setting aside a period for interested parties to raise issues regarding product coverage (scope). The Department will consider all comments received from parties and, if necessary, will consult Republic of China/Petitioner’s Response to the Department’s Questions Regarding the Petition,’’ dated June 1, 2016 (AD Supplement) ; see also the Letter from Petitioner to the Department entitled, ‘‘Ammonium Sulfate from the People’s Republic of China/Petitioner’s Response to the Department’s Questions Regarding the Petition,’’ dated June 6, 2016 (Second AD and General Issues Supplement). 6 See the ‘‘Determination of Industry Support for the Petition’’ section below. 7 See General Issues Supplemental Questionnaire at 2, and General Issues Supplement at 2–4, and Exhibits I–S2 and I–S3. 8 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40661-40665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14670]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-050]


Ammonium Sulfate From the People's Republic of China: Initiation 
of Countervailing Duty Investigation

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

DATES: Effective June 14, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci at (202) 482-2923, 
or William Horn at (202) 482-2615, AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

The Petition

    On May 25, 2016, the Department of Commerce (the Department) 
received a countervailing duty (CVD) petition concerning imports of 
ammonium sulfate from the People's Republic of China (PRC), filed in 
proper form on behalf of PCI Nitrogen, LLC (Petitioner). The CVD 
petition was accompanied by an antidumping duty (AD) petition, also 
concerning imports of ammonium sulfate from the PRC.\1\ Petitioner is a 
domestic producer of ammonium sulfate.\2\
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    \1\ See ``Petition for the Imposition of Antidumping and 
Countervailing Duties: Ammonium Sulfate from the People's Republic 
of China,'' dated May 25, 2016 (Petitions).
    \2\ See Volume I of the Petitions, at 1, and Exhibit I-1.
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    On May 31, 2016 and June 7, 2016 the Department requested 
information and clarification for certain areas of the CVD Petition.\3\ 
Petitioner filed responses to these requests on June 3, 2016 and June 
9, 2016, respectively.\4\
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    \3\ See Letter from Robert Bolling to Petitioner, ``Petition for 
the Imposition of Countervailing Duties on Imports of Ammonium 
Sulfate from the People's Republic of China: Supplemental 
Questions,'' dated May 31, 2016; see also Letter from Robert Bolling 
to Petitioner, ``Petition for the Imposition of Countervailing 
Duties on Imports of Ammonium Sulfate from the People's Republic of 
China: Supplemental Questions,'' dated June 7, 2016.
    \4\ See Letter from Petitioner to Secretary of Commerce, 
``Ammonium Sulfate from the People's Republic of China/Petitioner's 
Response to the Department's Questions Regarding the Petition,'' 
dated June 3, 2016 (CVD Supplement); see also Letter from Petitioner 
to Secretary of Commerce, ``Ammonium Sulfate from the People's 
Republic of China/Petitioner's Response to the Department's 
Questions Regarding the Petition,'' dated June 9, 2016 (CVD Second 
Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), Petitioner alleges that the Government of the PRC 
(GOC) is providing countervailable subsidies (within the meaning of 
sections 701 and 771(5) of the Act) with respect to imports of ammonium 
sulfate from the PRC, and that imports of ammonium sulfate from the PRC 
are materially injuring, and threaten material injury to, the domestic 
industry producing ammonium sulfate in the United States. Also, 
consistent with section 702(b)(1) of the Act, for those alleged 
programs on which we have initiated a CVD investigation, the Petition 
is accompanied by information reasonably available to Petitioner 
supporting its allegations.
    The Department finds that Petitioner filed the Petition on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act, and that Petitioner has demonstrated 
sufficient industry support with respect to the initiation of the 
investigation Petitioner is requesting.\5\
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    \5\ See ``Determination of Industry Support for the Petition'' 
below.

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[[Page 40662]]

Period of Investigation

    The period of investigation is January 1, 2015, through December 
31, 2015.\6\
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    \6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The product covered by this investigation is ammonium sulfate from 
the PRC. For a full description of the scope of this investigation, see 
``Scope of Investigation'' at Appendix I of this notice.

Comments on Scope of the Investigation

    During our review of the Petition, the Department issued questions 
to, and received responses from, Petitioner pertaining to the proposed 
scope to ensure that the scope language in the Petition would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\7\
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    \7\ See Letter from Robert Bolling to Petitioner ``Petitions for 
the Imposition of Antidumping and Countervailing Duties on Imports 
of Ammonium Sulfate from the People's Republic of China: 
Supplemental Questions,'' dated May 27, 2016 .
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    As discussed in the preamble to the Department's regulations,\8\ we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (i.e., scope). The Department will consider 
all comments received from interested parties, and if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determination. If scope comments include factual 
information (see 19 CFR 351.102(b)(21)), all such factual information 
should be limited to public information. In order to facilitate 
preparation of its questionnaires, the Department requests all 
interested parties to submit such comments by 5:00 p.m. Eastern Time 
(ET) on Monday, July 4, 2016, which is 20 calendar days from the 
signature date of this notice. However, as Monday July 4, 2016, is a 
Federal Holiday, interested parties may submit comments by 5:00 p.m. ET 
the next business day, Tuesday, July 5, 2016.\9\ Any rebuttal comments, 
which may include factual information, must be filed by 5:00 p.m. ET on 
Friday, July 15, 2016. The Department requests that any factual 
information the parties consider relevant to the scope of the 
investigation be submitted during this time period. However, if a party 
subsequently finds that additional factual information pertaining to 
the scope of the investigation may be relevant, the party may contact 
the Department and request permission to submit the additional 
information. All such comments must also be filed on the record of the 
concurrent AD investigation.
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    \8\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \9\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\10\ An electronically-
filed document must be received successfully in its entirety by the 
time and date it is due. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the applicable deadlines.
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    \10\ See 19 CFR 351.303 (for general filing requirements); 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011), for details of the Department's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook% 20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the GOC of the receipt of the Petition. 
Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the 
Department provided representatives of the GOC the opportunity for 
consultations with respect to the CVD petition.\11\ The GOC did not 
request consultations or submit comments to the Department on the 
alleged subsidy programs in lieu of consultations.
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    \11\ See Letter of invitation from the Department, 
``Countervailing Duty Petition on Ammonium Sulfate from the People's 
Republic of China,'' dated May 31, 2016.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, Petitioner does not offer 
a definition of the domestic like product distinct from the scope of 
the investigation. Based on our analysis of the information submitted 
on the record, we have determined that ammonium sulfate, as defined in 
the scope, constitutes a single domestic like product and we have 
analyzed industry

[[Page 40663]]

support in terms of that domestic like product.\14\
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    \14\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Ammonium Sulfate from the People's Republic of China (PRC 
CVD Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Ammonium Sulfate from the People's Republic of China 
(Attachment II). This checklist is dated concurrently with this 
notice and on file electronically via ACCESS. Access to documents 
filed via ACCESS is also available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building.
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    In determining whether Petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in Appendix I of this 
notice. Petitioner and supporters of the Petition provided their own 
production of the domestic like product in 2015.\15\ Petitioner also 
provided data from The Fertilizer Institute to determine total 2015 
production of the domestic like product by the entire domestic 
industry.\16\ To establish industry support, Petitioner compared the 
production of Petitioner and supporters of the Petition to the total 
2015 production of the domestic like product for the entire domestic 
industry.\17\ We relied on data Petitioner provided for purposes of 
measuring industry support.\18\
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    \15\ See PRC CVD Initiation Checklist, at Attachment II.
    \16\ See PRC CVD Initiation Checklist, at Attachment II.
    \17\ See Volume I of the Petition, at 2-3, and Exhibits I-3, I-
4, and I-5; see also Letter from Petitioner to Secretary of 
Commerce, ``Petition for the Imposition of Antidumping and 
Countervailing Duties on Imports of Ammonium Sulfate from the 
People's Republic of China: Supplemental Questions,'' dated June 1, 
2016 (General Issues Supplement), at 5.
    \18\ See Volume I of the Petition, at 2-3, and Exhibits I-3, I-
4, and I-5; see also General Issues Supplement, at 5. For further 
discussion, see PRC CVD Initiation Checklist.
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    Our review of the data provided in the Petition, General Issues 
Supplement, and other information readily available to the Department 
indicates that Petitioner has established industry support.\19\ First, 
the Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, the Department is not required to 
take further action in order to evaluate industry support (e.g., 
polling).\20\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\21\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\22\ 
Accordingly, the Department determines that the Petition was filed on 
behalf of the domestic industry within the meaning of section 702(b)(1) 
of the Act.
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    \19\ See PRC CVD Initiation Checklist, at Attachment II.
    \20\ See section 702(c)(4)(D) of the Act; see also PRC CVD 
Initiation Checklist, at Attachment II.
    \21\ See PRC CVD Initiation Checklist, at Attachment II.
    \22\ Id.
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    The Department finds that Petitioner filed the Petition on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act and it has demonstrated sufficient 
industry support with respect to the CVD investigation that it is 
requesting the Department initiate.\23\
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    \23\ See PRC CVD Initiation Checklist, at Attachment II.
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Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from the PRC materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, Petitioner alleges 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.\24\
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    \24\ See General Issues Supplement, at 5-6 and Exhibit I-S8.
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    Petitioner contends that the industry's injured condition is 
illustrated by reduced market share, underselling and price suppression 
or depression, lost sales and revenues, decline in shipments and 
production, and decline in financial performance.\25\ We have assessed 
the allegations and supporting evidence regarding material injury, 
threat of material injury, and causation, and we have determined that 
these allegations are properly supported by adequate evidence and meet 
the statutory requirements for initiation.\26\
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    \25\ See Volume I of the Petition, at 15-23 and Exhibits I-13 
through I-19; see also General Issues Supplement, at 5-6 and Exhibit 
I-S8.
    \26\ See PRC CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Ammonium Sulfate from the People's Republic of China 
(Attachment III).
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Initiation of Countervailing Duty Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to Petitioner 
supporting the allegations.
    Petitioner alleges that producers/exporters of ammonium sulfate in 
the PRC benefit from countervailable subsidies bestowed by the GOC. The 
Department examined the Petition and finds that it complies with the 
requirements of section 702(b)(1) of the Act. Therefore, in accordance 
with section 702(b)(1) of the Act, we are initiating a CVD 
investigation to determine whether manufacturers, producers, or 
exporters of ammonium sulfate from the PRC received countervailable 
subsidies from the GOC and various authorities thereof.
    On June 29, 2015, the President of the United States signed into 
law the Trade Preferences Extension Act of 2015, which made numerous 
amendments to the AD and CVD law.\27\ The 2015 law does not specify 
dates of application for those amendments. On August 6, 2015, the 
Department published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\28\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to this CVD 
investigation.\29\
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    \27\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \28\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). 
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \29\ Id., at 46794-95.

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[[Page 40664]]

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on all 37 
alleged programs in the PRC. For a full discussion of the basis for our 
decision to initiate on each program, see the PRC CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    Petitioner named 95 companies as producers/exporters of ammonium 
sulfate from the PRC.\30\ Following standard practice in CVD 
investigations, the Department will, where appropriate, select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports of ammonium sulfate during the period of investigation 
under the appropriate Harmonized Tariff Schedule of the United States 
(HTSUS) numbers listed in the scope in Appendix I, below. For this 
investigation, the Department will release CBP data for U.S. imports of 
subject merchandise during the period of investigation under the 
following HTSUS numbers: 3102.21.0000.\31\ We intend to release the CBP 
data under Administrative Protective Order (APO) to all parties with 
access to information protected by APO within five business days of the 
announcement of this Federal Register notice. Interested parties must 
submit applications for disclosure under APO in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found at 
http://enforcement.trade.gov/apo/.
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    \30\ See Volume I of the Petition, at Exhibit I-10; see also 
General Issues Supplement at Exhibit I-S1.
    \31\ See General Issues Supplement at Exhibit I-S2.
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    Interested parties may submit comments regarding the CBP data and 
respondent selection by 5:00 p.m. ET on the seventh calendar day after 
publication of this notice. Comments must be filed in accordance with 
the filing requirements stated above. If respondent selection is 
necessary, we intend to base our decision regarding respondent 
selection upon comments received from interested parties and our 
analysis of the record information within 20 days of publication of 
this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
known exporter (as named in the Petition), consistent with 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of ammonium sulfate from the PRC are materially 
injuring, or threatening material injury to, a U.S. industry.\32\ A 
negative ITC determination will result in the investigation being 
terminated; \33\ otherwise, this investigation will proceed according 
to statutory and regulatory time limits.
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    \32\ See section 703(a)(2) of the Act.
    \33\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). The regulation requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties should review the regulations 
prior to submitting factual information in this investigation.

Extension of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301 expires. For submissions 
that are due from multiple parties simultaneously, an extension request 
will be considered untimely if it is filed after 10:00 a.m. on the due 
date. Under certain circumstances, we may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\34\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule. \35\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \34\ See section 782(b) of the Act.
    \35\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate

[[Page 40665]]

in this investigation should ensure that they meet the requirements of 
these procedures (e.g., the filing of letters of appearance as 
discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.

    Dated: June 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is ammonium 
sulfate in all physical forms, with or without additives such as 
anti-caking agents. Ammonium sulfate, which may also be spelled as 
ammonium sulphate, has the chemical formula 
(NH4)2SO4.
    The scope includes ammonium sulfate that is combined with other 
products, including by, for example, blending (i.e., mixing granules 
of ammonium sulfate with granules of one or more other products), 
compounding (i.e., when ammonium sulfate is compacted with one or 
more other products under high pressure), or granulating 
(incorporating multiple products into granules through, e.g., a 
slurry process). For such combined products, only the ammonium 
sulfate component is covered by the scope of this investigation.
    Ammonium sulfate that has been combined with other products is 
included within the scope regardless of whether the combining occurs 
in countries other than China.
    Ammonium sulfate that is otherwise subject to this investigation 
is not excluded when commingled (i.e., mixed or combined) with 
ammonium sulfate from sources not subject to this investigation. 
Only the subject component of such commingled products is covered by 
the scope of this investigation.
    The Chemical Abstracts Service (CAS) registry number for 
ammonium sulfate is 7783-20-2.
    The merchandise covered by this investigation is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and 
CAS registry number are provided for convenience and customs 
purposes, the written description of the scope of the investigation 
is dispositive.

[FR Doc. 2016-14670 Filed 6-21-16; 8:45 am]
 BILLING CODE 3510-DS-P