Ammonium Sulfate From the People's Republic of China: Initiation of Countervailing Duty Investigation, 40661-40665 [2016-14670]
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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
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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
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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
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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.
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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).
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7 See
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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.
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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
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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.
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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.
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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.
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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.
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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
https://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.
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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
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section 703(a)(1) of the Act.
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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
https://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
https://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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\5\ See ``Determination of Industry Support for the Petition''
below.
---------------------------------------------------------------------------
[[Page 40662]]
Period of Investigation
The period of investigation is January 1, 2015, through December
31, 2015.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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 .
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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)).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\23\ See PRC CVD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\24\ See General Issues Supplement, at 5-6 and Exhibit I-S8.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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
https://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 https://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
https://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
