Countervailing Duty Investigation of Ammonium Sulfate From the People's Republic of China: Preliminary Affirmative Determination, 76332-76333 [2016-26469]

Download as PDF 76332 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices Dated: October 28, 2016. Camille R. Evans, Acting Executive Secretary. [FR Doc. 2016–26473 Filed 11–1–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–050] Countervailing Duty Investigation of Ammonium Sulfate From the People’s Republic of China: Preliminary Affirmative Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of ammonium sulfate from the People’s Republic of China (PRC). The period of investigation is January 1, 2015 through December 31, 2015. We invite interested parties to comment on this preliminary determination. SUMMARY: DATES: Effective November 2, 2016. FOR FURTHER INFORMATION CONTACT: Robert Galantucci, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–2923. SUPPLEMENTARY INFORMATION: Scope of the Investigation The product covered by this investigation is ammonium sulfate from the PRC. For a complete description of the scope of this investigation, see Appendix II. sradovich on DSK3GMQ082PROD with NOTICES Methodology The Department is conducting this countervailing duty (CVD) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.1 For a full description of the methodology underlying our preliminary conclusions, see the 1 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. VerDate Sep<11>2014 17:18 Nov 01, 2016 Jkt 241001 Preliminary Decision Memorandum.2 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version are identical in content. In making these findings, we relied on facts otherwise available. Additionally, because we find that the mandatory respondents did not act to the best of their ability to respond to the Department’s requests for information, and therefore impeded this investigation, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.3 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Preliminary Determination and Suspension of Liquidation In accordance with sections 776(a)(1), 776(a)(2), and 776(b) of the Act, we applied facts otherwise available with an adverse inference to assign countervailable subsidy rates for noncooperative mandatory respondents Wuzhoufeng Agricultural Science & Technology Co. Ltd. (Wuzhoufeng AST) and Yantai Jiahe Agriculture Means of Production Co. Ltd. (Yantai AMP). With respect to the all-others rate, section 705(c)(5)(B) of the Act provides that if the countervailable subsidy rates established for all exporters and producers individually investigated are determined entirely in accordance with section 776 of the Act, the Department may use any reasonable method to establish an all-others rate for exporters and producers not individually investigated. In this case, the rates assigned to Wuzhoufeng AST and Yantai AMP are based entirely on facts 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Countervailing Duty Investigation of Ammonium Sulfate from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 3 See sections 776(a) and (b) of the Act. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 otherwise available, with an adverse inference, under section 776 of the Act. There is no other information on the record with which to determine an allothers rate. As a result, in accordance with section 705(c)(5)(B) of the Act, we have established the all-others rate by applying the countervailable subsidy rates for mandatory respondents Wuzhoufeng AST and Yantai AMP. The preliminary estimated countervailable subsidy rates are summarized in the table below. Company Wuzhoufeng Agricultural Science & Technology Co. Ltd ..................................... Yantai Jiahe Agriculture Means of Production Co. Ltd ..................................... All-Others .............................. Subsidy rate (percent) 206.72 206.72 206.72 In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of ammonium sulfate from the PRC as described in the ‘‘Scope of the Investigation’’ entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above. International Trade Commission Notification In accordance with section 703(f) of the Act, we will notify the International Trade Commission (ITC) of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance. In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination. Public Comment Interested parties may submit case and rebuttal briefs, as well as request a hearing.4 Case briefs may be submitted 4 See E:\FR\FM\02NON1.SGM 19 CFR 351.309(c)–(d), 19 CFR 351.310(c). 02NON1 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices no later than 30 days after the publication of this preliminary determination in the Federal Register, and rebuttal briefs, limited to issues raised in the case briefs, may be submitted no later than five days after the deadline for case briefs. Interested parties who wish to request a hearing, or to participate if one is requested, must do so in writing within 30 days after the publication of this preliminary determination in the Federal Register. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: October 24, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. sradovich on DSK3GMQ082PROD with NOTICES COMMODITY FUTURES TRADING COMMISSION Commodity Futures Trading Commission. ACTION: Notice of meeting. Appendix II 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. Jkt 241001 BILLING CODE 3510–DS–P AGENCY: List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Injury Test VI. Application of the CVD Law to Imports from the PRC VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Calculation of the All-Others Rate IX. ITC Notification X. Public Comment XI. Conclusion 17:18 Nov 01, 2016 [FR Doc. 2016–26469 Filed 11–1–16; 8:45 am] Market Risk Advisory Committee Appendix I VerDate Sep<11>2014 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. The Commodity Futures Trading Commission (CFTC) announces that on November 17, 2016 from 10:00 a.m. to 1:30 p.m., the Market Risk Advisory Committee (MRAC) will hold a public meeting at the CFTC’s Washington, DC, headquarters. The meeting will be held in the Conference Center at the Commodity Futures Trading Commission’s headquarters in Washington, DC. At this meeting: (1) The CCP Risk Management Subcommittee (CRM) will present to the MRAC its final recommendations on how Central Counterparties (CCPs) can further enhance their efforts in preparing for the default of a significant clearing member as discussed at the April 2, 2015, November 2, 2015, and June 27, 2016 meetings of the MRAC; and (2) the MRAC will discuss the Bank of England’s coordinated CCP default fire drill. DATES: The meeting will be held on November 17, 2016 from 10:00 a.m. to 1:30 p.m. Members of the public who wish to submit written statements in connection with the meeting should submit them by November 24, 2016. ADDRESSES: The meeting will take place in the Conference Center at the CFTC’s headquarters, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. Written statements should be submitted by mail to: Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581, attention: Office of the Secretary, or by electronic mail to: secretary@cftc.gov. Please use the title ‘‘Market Risk Advisory Committee’’ in any written statement you submit. Any statements submitted in connection with the committee meeting will be made available to the public, including SUMMARY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 76333 publication on the CFTC Web site, http://www.cftc.gov. FOR FURTHER INFORMATION CONTACT: Petal Walker, MRAC Designated Federal Officer, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581; (202) 418–5010. SUPPLEMENTARY INFORMATION: The meeting will be open to the public with seating on a first-come, first-served basis. Members of the public may also listen to the meeting by telephone by calling a domestic toll-free telephone or international toll or toll-free number to connect to a live, listen-only audio feed. Call-in participants should be prepared to provide their first name, last name, and affiliation. Domestic Toll Free: 866–844–9416. International Toll and Toll Free: Will be posted in the latest press release for the meeting on the MRAC’s meetings Web page, http://www.cftc.gov/About/ CFTCCommittees/ MarketRiskAdvisoryCommittee/mrac_ meetings. After opening the latest press release, click on Related Links for the number(s). Pass Code/Pin Code: CFTC. The meeting agenda may change to accommodate other MRAC priorities. For agenda updates, please visit the MRAC meetings Web page. After the meeting, a transcript of the meeting will be published through a link on the CFTC’s Web site, http://www.cftc.gov. All written submissions provided to the CFTC in any form will also be published on the CFTC’s Web site. Persons requiring special accommodations to attend the meeting because of a disability should notify the contact person above. Authority: 5 U.S.C. app. 2 § 10(a)(2). Dated: October 27, 2016. Robert N. Sidman, Deputy Secretary of the Commission. [FR Doc. 2016–26426 Filed 11–1–16; 8:45 am] BILLING CODE 6351–01–P COMMODITY FUTURES TRADING COMMISSION [Renew Collection 3038–0025] Agency Information Collection Activities: Practice by Former Members and Employees of the Commission Commodity Futures Trading Commission. ACTION: Notice. AGENCY: The Commodity Futures Trading Commission (‘‘CFTC’’) is SUMMARY: E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76332-76333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26469]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-050]


Countervailing Duty Investigation of Ammonium Sulfate From the 
People's Republic of China: Preliminary Affirmative Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of ammonium sulfate from the People's Republic 
of China (PRC). The period of investigation is January 1, 2015 through 
December 31, 2015. We invite interested parties to comment on this 
preliminary determination.

DATES: Effective November 2, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-2923.

SUPPLEMENTARY INFORMATION: 

Scope of the Investigation

    The product covered by this investigation is ammonium sulfate from 
the PRC. For a complete description of the scope of this investigation, 
see Appendix II.

Methodology

    The Department is conducting this countervailing duty (CVD) 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the Act). For each of the subsidy programs found 
countervailable, we preliminarily determine that there is a subsidy, 
i.e., a financial contribution by an ``authority'' that gives rise to a 
benefit to the recipient, and that the subsidy is specific.\1\ For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum.\2\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version are 
identical in content.
---------------------------------------------------------------------------

    \1\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Ammonium Sulfate from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

    In making these findings, we relied on facts otherwise available. 
Additionally, because we find that the mandatory respondents did not 
act to the best of their ability to respond to the Department's 
requests for information, and therefore impeded this investigation, we 
drew an adverse inference where appropriate in selecting from among the 
facts otherwise available.\3\ For further information, see ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \3\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with sections 776(a)(1), 776(a)(2), and 776(b) of the 
Act, we applied facts otherwise available with an adverse inference to 
assign countervailable subsidy rates for non-cooperative mandatory 
respondents Wuzhoufeng Agricultural Science & Technology Co. Ltd. 
(Wuzhoufeng AST) and Yantai Jiahe Agriculture Means of Production Co. 
Ltd. (Yantai AMP). With respect to the all-others rate, section 
705(c)(5)(B) of the Act provides that if the countervailable subsidy 
rates established for all exporters and producers individually 
investigated are determined entirely in accordance with section 776 of 
the Act, the Department may use any reasonable method to establish an 
all-others rate for exporters and producers not individually 
investigated. In this case, the rates assigned to Wuzhoufeng AST and 
Yantai AMP are based entirely on facts otherwise available, with an 
adverse inference, under section 776 of the Act. There is no other 
information on the record with which to determine an all-others rate. 
As a result, in accordance with section 705(c)(5)(B) of the Act, we 
have established the all-others rate by applying the countervailable 
subsidy rates for mandatory respondents Wuzhoufeng AST and Yantai AMP. 
The preliminary estimated countervailable subsidy rates are summarized 
in the table below.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Wuzhoufeng Agricultural Science & Technology Co. Ltd....          206.72
Yantai Jiahe Agriculture Means of Production Co. Ltd....          206.72
All-Others..............................................          206.72
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of ammonium sulfate from the PRC as 
described in the ``Scope of the Investigation'' entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
this notice in the Federal Register, and to require a cash deposit for 
such entries of merchandise in the amounts indicated above.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (ITC) of our determination. In addition, 
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow 
the ITC access to all privileged and business proprietary information 
in our files, provided the ITC confirms that it will not disclose such 
information, either publicly or under an administrative protective 
order, without the written consent of the Assistant Secretary for 
Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.

Public Comment

    Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\4\ Case briefs may be submitted

[[Page 76333]]

no later than 30 days after the publication of this preliminary 
determination in the Federal Register, and rebuttal briefs, limited to 
issues raised in the case briefs, may be submitted no later than five 
days after the deadline for case briefs. Interested parties who wish to 
request a hearing, or to participate if one is requested, must do so in 
writing within 30 days after the publication of this preliminary 
determination in the Federal Register.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
---------------------------------------------------------------------------

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: October 24, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports from the PRC
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. ITC Notification
X. Public Comment
XI. Conclusion

Appendix II

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. 2016-26469 Filed 11-1-16; 8:45 am]
 BILLING CODE 3510-DS-P