Calcium Hypochlorite From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd., 83-84 [2016-31793]

Download as PDF Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Notices information with regard to its export activities for the purpose of establishing its eligibility for a separate rate. The review will proceed if the responses provide sufficient indication that Zhengzhou Yudi is not subject to either de jure or de facto government control with respect to its exports of fresh garlic from the PRC. On February 24, 2016, the President signed into law the ‘‘Trade Facilitation and Trade Enforcement Act of 2015,’’ H.R. 644, which made several amendments to section 751(a)(2)(B) of the Act. We will conduct this new shipper review in accordance with section 751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade Enforcement Act of 2015.13 Interested parties requiring access to proprietary information in this proceeding should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: December 27, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–31794 Filed 12–30–16; 8:45 am] BILLING CODE 3510–DS–P (‘‘PRC’’). The period of review (‘‘POR’’) is May 27, 2014, through December 31, 2015. The Department preliminarily determines to rescind this review because we requested but were not provided sufficient information to determine whether, and conclude that, Jingmei’s sale of subject merchandise to the United States was bona fide. Interested parties are invited to comment on this preliminary intent to rescind. DATES: Effective January 3, 2017. FOR FURTHER INFORMATION CONTACT: Elizabeth Lobaugh, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–7425. SUPPLEMENTARY INFORMATION: Background On March 4, 2016, the Department published notice of initiation of a new shipper review of calcium hypochlorite from the PRC for the period May 27, 2014, through December 31, 2015.1 On July 12, 2016, the Department extended the deadline for the preliminary results to December 27, 2016.2 Scope of the Order AGENCY: The merchandise covered by the Order is calcium hypochlorite, regardless of form (e.g., powder, tablet (compressed), crystalline (granular), or in liquid solution), whether or not blended with other materials, containing at least 10% available chlorine measured by actual weight. Calcium hypochlorite is currently classifiable under the subheading 2828.10.0000 of the Harmonized Tariff Schedule of the United States.3 13 The Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing the Department to instruct Customs and Border Protection to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of a new shipper review. 1 See Calcium Hypochlorite from the People’s Republic of China: Initiation of Countervailing Duty New Shipper Review; 2014–2015, 81 FR 11516 (March 4, 2016) (‘‘Initiation’’). 2 See Memorandum to the File through James C. Doyle, Director, Office V, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations ‘‘Extension of Deadline for Preliminary Results of Countervailing Duty New Shipper Review; 2014–2015’’ (November 5, 2015). 3 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty New Shipper Review of Calcium Hypochlorite from the People’s Republic of China: Haixing Jingmei Chemical Products Sales Co., Ltd.’’ dated concurrently with and hereby adopted by this notice (‘‘Preliminary Decision Memorandum’’) for a complete description of the Scope of the Order. DEPARTMENT OF COMMERCE International Trade Administration [C–570–009] sradovich on DSK3GMQ082PROD with NOTICES Calcium Hypochlorite From the People’s Republic of China: Preliminary Intent To Rescind the New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a November 20, 2015, request from Haixing Jingmei Chemical Products Sales Co., Ltd. (‘‘Jingmei’’), and the producer of its merchandise, Haixing Eno Chemical Co., Ltd. (‘‘Eno’’), the Department of Commerce (‘‘Department’’) is conducting a new shipper review of Jingmei, regarding the countervailing duty order on calcium hypochlorite from the People’s Republic of China VerDate Sep<11>2014 22:14 Dec 30, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 83 Methodology The Department is conducting this review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (‘‘the Act’’) and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. 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 in the Department’s 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 on the Internet at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Intent To Rescind Jingmei New Shipper Review Section 751(a)(2)(B)(iv) of the Act requires that a countervailing duty rate determined in a new shipper review be determined based solely on bona fide sales. For the reasons detailed in the Preliminary Decision Memorandum and the Bona Fide Sales Analysis Memorandum,4 the Department preliminarily finds that, as a result of Jingmei’s customers’ failure to provide necessary information, we cannot determine whether, and conclude that, Jingmei’s sale under review is bona fide. As a result, the Department preliminarily intends to rescind the new shipper review of Jingmei. Public Comment Interested parties may submit written comments by no later than 30 days after the date of publication of these preliminary results of review.5 Rebuttals, limited to issues raised in the written comments, may be filed by no 4 See Memorandum to James Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, through Catherine Bertrand, Program Manager, Office V, Antidumping and Countervailing Duty Operations, from Elizabeth Lobaugh, International Trade Analyst, titled ‘‘Bona Fide Nature of the Sale in the Countervailing Duty New Shipper Review of Calcium Hypochlorite from the People’s Republic of China: Haixing Jingmei Chemical Products Sales Co., Ltd.’’ dated concurrently with this notice. 5 See 19 CFR 351.309(c). E:\FR\FM\03JAN1.SGM 03JAN1 84 Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Notices Assessment Rates Upon completion of the final results, pursuant to 19 CFR 351.212(b), the Department will determine, and the U.S. Customs and Border Protection (‘‘CBP’’) shall assess, countervailing duties on all appropriate entries. If we proceed to a final rescission of the new shipper review, the assessment rate to which Jingmei’s entries will be subject will not be affected by this review. If we do not proceed to a final rescission of the new shipper review, pursuant to 19 CFR 351.212(b)(2), we will calculate a countervailing duty rate. We intend to instruct CBP to assess countervailing duties on all appropriate entries covered by this review if any countervailing duty rate calculated in the final results of this review is above de minimis.9 sradovich on DSK3GMQ082PROD with NOTICES Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this new 6 See 7 See 19 CFR 351.309(d). 19 CFR 351.310(c). VerDate Sep<11>2014 22:14 Dec 30, 2016 shipper review, we will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Jingmei. If the Department proceeds to a final rescission of the new shipper review, the cash deposit rate will continue to be the all-others rate. If we issue final results of the new shipper review for Jingmei, we will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein. The Department is issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(l) of the Act, and 19 CFR 351.214 and 19 CFR 351.221(b)(4). Dated: December 27, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Recommendation [FR Doc. 2016–31793 Filed 12–30–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Reviews Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating the five-year reviews (‘‘Sunset Reviews’’) of the AGENCY: 8 See 9 See Jkt 241001 PO 00000 antidumping and countervailing duty (‘‘AD/CVD’’) order(s) listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same order(s). DATES: Effective January 1, 2017. The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating Sunset Reviews of the following antidumping and countervailing duty order(s): 19 CFR 351.310(d). 19 CFR 351.106(c)(2). Frm 00003 Fmt 4703 Sfmt 4725 E:\FR\FM\03JAN1.SGM 03JAN1 EN03JA17.017</GPH> later than five days after the written comments are filed.6 Any interested party may request a hearing within 30 days of publication of this notice.7 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral 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 20230.8 The Department intends to issue the final results of this new shipper review, which will include the results of its analysis of issues raised in any such comments, not later than 90 days after the date these preliminary results of new shipper review are issued, pursuant to section 751(a)(2)(B)(iii)) of the Act.

Agencies

[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Notices]
[Pages 83-84]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31793]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-009]


Calcium Hypochlorite From the People's Republic of China: 
Preliminary Intent To Rescind the New Shipper Review of Haixing Jingmei 
Chemical Products Sales Co., Ltd.

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

SUMMARY: In response to a November 20, 2015, request from Haixing 
Jingmei Chemical Products Sales Co., Ltd. (``Jingmei''), and the 
producer of its merchandise, Haixing Eno Chemical Co., Ltd. (``Eno''), 
the Department of Commerce (``Department'') is conducting a new shipper 
review of Jingmei, regarding the countervailing duty order on calcium 
hypochlorite from the People's Republic of China (``PRC''). The period 
of review (``POR'') is May 27, 2014, through December 31, 2015. The 
Department preliminarily determines to rescind this review because we 
requested but were not provided sufficient information to determine 
whether, and conclude that, Jingmei's sale of subject merchandise to 
the United States was bona fide. Interested parties are invited to 
comment on this preliminary intent to rescind.

DATES: Effective January 3, 2017.

FOR FURTHER INFORMATION CONTACT: Elizabeth Lobaugh, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
7425.

SUPPLEMENTARY INFORMATION: 

Background

    On March 4, 2016, the Department published notice of initiation of 
a new shipper review of calcium hypochlorite from the PRC for the 
period May 27, 2014, through December 31, 2015.\1\ On July 12, 2016, 
the Department extended the deadline for the preliminary results to 
December 27, 2016.\2\
---------------------------------------------------------------------------

    \1\ See Calcium Hypochlorite from the People's Republic of 
China: Initiation of Countervailing Duty New Shipper Review; 2014-
2015, 81 FR 11516 (March 4, 2016) (``Initiation'').
    \2\ See Memorandum to the File through James C. Doyle, Director, 
Office V, to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations ``Extension of 
Deadline for Preliminary Results of Countervailing Duty New Shipper 
Review; 2014-2015'' (November 5, 2015).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is calcium hypochlorite, 
regardless of form (e.g., powder, tablet (compressed), crystalline 
(granular), or in liquid solution), whether or not blended with other 
materials, containing at least 10% available chlorine measured by 
actual weight. Calcium hypochlorite is currently classifiable under the 
subheading 2828.10.0000 of the Harmonized Tariff Schedule of the United 
States.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations 
``Decision Memorandum for the Preliminary Results of the 
Countervailing Duty New Shipper Review of Calcium Hypochlorite from 
the People's Republic of China: Haixing Jingmei Chemical Products 
Sales Co., Ltd.'' dated concurrently with and hereby adopted by this 
notice (``Preliminary Decision Memorandum'') for a complete 
description of the Scope of the Order.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.
    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 
in the Department's 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 on the 
Internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Intent To Rescind Jingmei New Shipper Review

    Section 751(a)(2)(B)(iv) of the Act requires that a countervailing 
duty rate determined in a new shipper review be determined based solely 
on bona fide sales. For the reasons detailed in the Preliminary 
Decision Memorandum and the Bona Fide Sales Analysis Memorandum,\4\ the 
Department preliminarily finds that, as a result of Jingmei's 
customers' failure to provide necessary information, we cannot 
determine whether, and conclude that, Jingmei's sale under review is 
bona fide. As a result, the Department preliminarily intends to rescind 
the new shipper review of Jingmei.
---------------------------------------------------------------------------

    \4\ See Memorandum to James Doyle, Director, Office V, 
Antidumping and Countervailing Duty Operations, through Catherine 
Bertrand, Program Manager, Office V, Antidumping and Countervailing 
Duty Operations, from Elizabeth Lobaugh, International Trade 
Analyst, titled ``Bona Fide Nature of the Sale in the Countervailing 
Duty New Shipper Review of Calcium Hypochlorite from the People's 
Republic of China: Haixing Jingmei Chemical Products Sales Co., 
Ltd.'' dated concurrently with this notice.
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit written comments by no later than 30 
days after the date of publication of these preliminary results of 
review.\5\ Rebuttals, limited to issues raised in the written comments, 
may be filed by no

[[Page 84]]

later than five days after the written comments are filed.\6\
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    \5\ See 19 CFR 351.309(c).
    \6\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\7\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral 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.\8\
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    \7\ See 19 CFR 351.310(c).
    \8\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this new 
shipper review, which will include the results of its analysis of 
issues raised in any such comments, not later than 90 days after the 
date these preliminary results of new shipper review are issued, 
pursuant to section 751(a)(2)(B)(iii)) of the Act.

Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 
351.212(b), the Department will determine, and the U.S. Customs and 
Border Protection (``CBP'') shall assess, countervailing duties on all 
appropriate entries. If we proceed to a final rescission of the new 
shipper review, the assessment rate to which Jingmei's entries will be 
subject will not be affected by this review. If we do not proceed to a 
final rescission of the new shipper review, pursuant to 19 CFR 
351.212(b)(2), we will calculate a countervailing duty rate. We intend 
to instruct CBP to assess countervailing duties on all appropriate 
entries covered by this review if any countervailing duty rate 
calculated in the final results of this review is above de minimis.\9\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this new shipper review, we will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Jingmei. If the Department proceeds 
to a final rescission of the new shipper review, the cash deposit rate 
will continue to be the all-others rate. If we issue final results of 
the new shipper review for Jingmei, we will instruct CBP to collect 
cash deposits, effective upon the publication of the final results, at 
the rates established therein.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(2)(B) and 777(i)(l) of the Act, and 19 
CFR 351.214 and 19 CFR 351.221(b)(4).

    Dated: December 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2016-31793 Filed 12-30-16; 8:45 am]
 BILLING CODE 3510-DS-P