Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Preliminary Intent To Rescind Review, in Part; 2014, 89896-89897 [2016-29844]

Download as PDF 89896 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices Accordingly, the Department is rescinding this review, in part, with respect to these companies, in accordance with 19 CFR 353.213(d)(1).4 The instant review will continue with respect to the following companies: B&R Industries Limited; Feidong Import and Export Co., Ltd.; Foshan Zhaoshun Trade Co., Ltd.; Guangdong Dongyuan Kitchenware Industrial Co., Ltd.; Guangdong New Shichu Import & Export Company Limited; Guangdong Yingao Kitchen Utensils Co., Ltd.; Jiangmen Hongmao Trading Co., Ltd.; Jiangmen New Star Hi-Tech Enterprise Ltd.; KaiPing Dawn Plumbing Products, Inc.; Ningbo Afa Kitchen and Bath Co., Ltd.; Xinhe Stainless Steel Products Co., Ltd.; Yuyao Afa Kitchenware Co., Ltd.; and Zhongshan Superte Kitchenware Co., Ltd. Assessment Notification to Importers This notice serves as the only reminder to importers whose entries will be liquidated as a result of this rescission notice, of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement may result in the presumption that reimbursement of antidumping duties and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. pmangrum on DSK3GDR082PROD with NOTICES Dated: December 7, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–29846 Filed 12–12–16; 8:45 am] The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of this notice in the Federal Register. 4 As stated in Change in Practice in NME Reviews, the Department will no longer consider the nonmarket economy entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings; Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 3, 2013). VerDate Sep<11>2014 Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is published in accordance with section 751 of the Act and 19 CFR 351.213(d)(4). 15:08 Dec 12, 2016 Jkt 241001 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–991] Chlorinated Isocyanurates From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Preliminary Intent To Rescind Review, in Part; 2014 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 chlorinated isocyanurates (‘‘chloro isos’’) from the People’s Republic of China (the ‘‘PRC’’). Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Effective December 13, 2016. FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Andrew Devine, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202.482.5307 or 202.482.0238, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The products covered by the order are chloro isos, which are derivatives are cyanuric acid, described as chlorinated PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 s-triazine triones.1 Chloro isos are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000, 3808.94.5000, and 3808.99.9500 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). The HTSUS subheadings are provided for convenience and customs purposes; the written product description of the scope of the order is dispositive. Methodology On November 13, 2014, the Department published in the Federal Register a countervailing duty (‘‘CVD’’) order on chloro isos from the PRC.2 The Department is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy (i.e., a financial contribution from an authority that gives rise to a benefit to the recipient), and that the subsidy is specific.3 In making this preliminary determination, the Department relied, in part, on facts otherwise available, with the application of adverse inferences.4 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the accompanying Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is provided at 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 of the Preliminary Decision Memorandum are identical in content. 1 For a complete description of the Scope of the Order, see Countervailing Duty Administrative Review of Chlorinated Isocyanurates from the People’s Republic of China: Decision Memorandum for the Preliminary Results, published concurrently with this notice (‘‘Preliminary Decision Memorandum’’). 2 Id. 3 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. 4 See Section 776(a) of the Act. E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices Intent To Rescind Administrative Review, In Part On May 16, 2016, the Department received a timely response indicating that Juancheng Kangtai Chemical Co., Ltd. (‘‘Kangtai’’) made no shipments to the United States during the POR, as part of its response to the Department’s initial CVD questionnaire. Because there is no evidence on the record to the contrary, pursuant to 19 CFR 351.213(d)(3), we preliminarily intend to rescind the review with respect to Kangtai. A final decision regarding whether to rescind the review of this company will be issued with the final results of review. Preliminary Results of Review In accordance with section 703(d)(1)(A)(i) of the Act, we calculated an estimated individual countervailable subsidy rate for each producer/exporter of the subject merchandise individually investigated. We preliminarily determine these rates to be: Subsidy rate Company Hebei Jiheng Chemical Co., Ltd. (‘‘Hebei Jiheng’’) ....................... Heze Huayi Chemical Co., Ltd. (‘‘Huayi’’) ................................... 20.94 1.04 pmangrum on DSK3GDR082PROD with NOTICES Disclosure and Public Comment The Department intends to disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the publication of these preliminary results.5 The Department also intends to issue a post-preliminary analysis memo on the Export Buyer’s Credit program, as discussed in the Preliminary Decision Memorandum. Interested parties may submit written comments (case briefs) 6 within 30 days of the issuance of the post-preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.7 Rebuttal briefs must be limited to issues raised in the case briefs.8 Parties who submit case or rebuttal briefs are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.9 Interested parties who wish to request a hearing must do so within 30 days of publication of these preliminary results by submitting a written request to the 5 See 19 CFR 351.224(b). generally 19 CFR 351.303 (for general filing requirements). 7 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 8 See 19 CFR 351.309(d)(2). 9 See 19 CFR 351.309(c)(2) and (d)(2). 6 See VerDate Sep<11>2014 15:08 Dec 12, 2016 Jkt 241001 Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, using Enforcement and Compliance’s ACCESS system.10 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.11 Parties should confirm by telephone the date, time, and location of the hearing. Issues addressed at the hearing will be limited to those raised in the briefs.12 All briefs and hearing requests must be filed electronically and received successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time on the due date. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after publication of these preliminary results. Assessment Rates and Cash Deposit Requirement Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of review. Pursuant to section 751(a)(2)(C) of the Act, the Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties, in the amounts shown above for each of the respective companies shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of 10 See 19 CFR 351.310(c). 19 CFR 351.310. 12 See 19 CFR 351.310(c). 11 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 89897 the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: December 5, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Intent to Partially Rescind Review IV. Scope of the Order V. Application of CVD Law to Imports From the PRC VI. Subsidies Valuation VII. Benchmarks VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Analysis of Programs X. Disclosure and Public Comment XI. Conclusion [FR Doc. 2016–29844 Filed 12–12–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–001] Potassium Permanganate From the People’s Republic of China: Preliminary Results of the 2015 Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) is conducting an administrative review of the antidumping duty (‘‘AD’’) order on potassium permanganate from the People’s Republic of China (the ‘‘PRC’’). The period of review (‘‘POR’’) is January 1, 2015 through December 31, 2015. The Department preliminarily determines that Potassium Permanganate from the PRC is being, or is likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 733 of the Tariff Act of 1930, as amended (‘‘the Act’’). The estimated weighted-average dumping margin is shown in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. DATES: Effective December 13, 2016. FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202–482–6491. AGENCY: E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 89896-89897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29844]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-991]


Chlorinated Isocyanurates From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review, and 
Preliminary Intent To Rescind Review, in Part; 2014

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 chlorinated isocyanurates (``chloro isos'') 
from the People's Republic of China (the ``PRC''). Interested parties 
are invited to comment on this preliminary determination.

DATES: Effective December 13, 2016.

FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Andrew Devine, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone 202.482.5307 or 202.482.0238, 
respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The products covered by the order are chloro isos, which are 
derivatives are cyanuric acid, described as chlorinated s-triazine 
triones.\1\ Chloro isos are currently classifiable under subheadings 
2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000, 3808.94.5000, 
and 3808.99.9500 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). The HTSUS subheadings are provided for convenience and 
customs purposes; the written product description of the scope of the 
order is dispositive.
---------------------------------------------------------------------------

    \1\ For a complete description of the Scope of the Order, see 
Countervailing Duty Administrative Review of Chlorinated 
Isocyanurates from the People's Republic of China: Decision 
Memorandum for the Preliminary Results, published concurrently with 
this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------

Methodology

    On November 13, 2014, the Department published in the Federal 
Register a countervailing duty (``CVD'') order on chloro isos from the 
PRC.\2\ The Department is conducting this administrative review in 
accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as 
amended (``the Act''). For each of the subsidy programs found 
countervailable, we preliminarily find that there is a subsidy (i.e., a 
financial contribution from an authority that gives rise to a benefit 
to the recipient), and that the subsidy is specific.\3\ In making this 
preliminary determination, the Department relied, in part, on facts 
otherwise available, with the application of adverse inferences.\4\ For 
further information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the accompanying Preliminary Decision Memorandum. A 
list of topics discussed in the Preliminary Decision Memorandum is 
provided at Appendix I to this notice.
---------------------------------------------------------------------------

    \2\ Id.
    \3\ 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.
    \4\ See Section 776(a) of the Act.
---------------------------------------------------------------------------

    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 of the Preliminary Decision 
Memorandum are identical in content.

[[Page 89897]]

Intent To Rescind Administrative Review, In Part

    On May 16, 2016, the Department received a timely response 
indicating that Juancheng Kangtai Chemical Co., Ltd. (``Kangtai'') made 
no shipments to the United States during the POR, as part of its 
response to the Department's initial CVD questionnaire. Because there 
is no evidence on the record to the contrary, pursuant to 19 CFR 
351.213(d)(3), we preliminarily intend to rescind the review with 
respect to Kangtai. A final decision regarding whether to rescind the 
review of this company will be issued with the final results of review.

Preliminary Results of Review

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated an estimated individual countervailable subsidy rate for 
each producer/exporter of the subject merchandise individually 
investigated. We preliminarily determine these rates to be:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd. (``Hebei Jiheng'')...........      20.94
Heze Huayi Chemical Co., Ltd. (``Huayi'')....................       1.04
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to parties to this proceeding 
the calculations performed in reaching the preliminary results within 
five days of the publication of these preliminary results.\5\ The 
Department also intends to issue a post-preliminary analysis memo on 
the Export Buyer's Credit program, as discussed in the Preliminary 
Decision Memorandum. Interested parties may submit written comments 
(case briefs) \6\ within 30 days of the issuance of the post-
preliminary results and rebuttal comments (rebuttal briefs) within five 
days after the time limit for filing case briefs.\7\ Rebuttal briefs 
must be limited to issues raised in the case briefs.\8\ Parties who 
submit case or rebuttal briefs are requested to submit with the 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\9\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
    \6\ See generally 19 CFR 351.303 (for general filing 
requirements).
    \7\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \8\ See 19 CFR 351.309(d)(2).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\10\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
we will inform parties of the scheduled date for the hearing which will 
be held at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a time and location to be determined.\11\ 
Parties should confirm by telephone the date, time, and location of the 
hearing. Issues addressed at the hearing will be limited to those 
raised in the briefs.\12\ All briefs and hearing requests must be filed 
electronically and received successfully in their entirety through 
ACCESS by 5:00 p.m. Eastern Time on the due date.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
    \12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Assessment Rates and Cash Deposit Requirement

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
countervailing duties on all appropriate entries covered by this 
review. We intend to issue instructions to CBP 15 days after 
publication of the final results of review.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties, in the amounts shown above for each of the 
respective companies shown above, on shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed firms, we will instruct CBP to continue to collect cash 
deposits at the most recent company-specific or all-others rate 
applicable to the company, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Intent to Partially Rescind Review
IV. Scope of the Order
V. Application of CVD Law to Imports From the PRC
VI. Subsidies Valuation
VII. Benchmarks
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Disclosure and Public Comment
XI. Conclusion
[FR Doc. 2016-29844 Filed 12-12-16; 8:45 am]
 BILLING CODE 3510-DS-P