Sulfanilic Acid From India: Final Results of Expedited Sunset Review of the Countervailing Duty Order, 1693-1694 [2017-00035]

Download as PDF Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On October 1, 2015, the Department initiated 1 and the ITC instituted 2 fiveyear (sunset) reviews of the AD and CVD orders on coated paper from Indonesia and the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, the Department determined that revocation of the AD orders on coated paper from Indonesia and the PRC would likely lead to continuation or recurrence of dumping,3 and that revocation of the CVD orders would likely lead to continuation or recurrence of countervailable subsidies.4 The Department, therefore, notified the ITC of the magnitude of the margins of dumping and net countervailable subsidy rates likely to prevail were the AD and CVD orders revoked.5 On December 29, 2016, the ITC published its determinations, pursuant to sections 751(c) and 752 of the Act, that revocation of the AD and CVD orders on coated paper from Indonesia and the PRC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.6 Scope of the Orders The scope of the orders cover certain coated paper and paperboard 7 in sheets sradovich on DSK3GMQ082PROD with NOTICES 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 80 FR 59133 (October 1, 2015). 2 See Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia, 80 FR 59189 (October 1, 2015). 3 See Certain Coated Paper Suitable for HighQuality Print Graphics Using Sheet-Fed Presses from Indonesia and the People’s Republic of China: Final Results of Expedited First Sunset Reviews of the Antidumping Duty Orders, 81 FR 907 (January 8, 2016) (Dumping Final). 4 See Certain Coated Paper Suitable for HighQuality Print Graphics Using Sheet-Fed Presses from Indonesia: Final Results of Expedited First Sunset Review of the Countervailing Duty Order, 81 FR 6234 (February 5, 2016); and Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People’s Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order, 81 FR 7081 (February 10, 2016). 5 Id. and Dumping Final. 6 See Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia; Determination, 81 FR 96044 (December 29, 2016). See also Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia, Inv. Nos. 701–TA–470–471 and 731–TA–1169–1170 (Review), USITC Publication 4656, December 2016. 7 ‘‘ ‘Paperboard’ refers to Certain Coated Paper that is heavier, thicker and more rigid than coated paper which otherwise meets the product description. In the context of Certain Coated Paper, paperboard typically is referred to as ‘cover,’ to distinguish it from ‘text.’ ’’ VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 suitable for high quality print graphics using sheet-fed presses; coated on one or both sides with kaolin (China or other clay), calcium carbonate, titanium dioxide, and/or other inorganic substances; with or without a binder; having a GE brightness level of 80 or higher,8 weighing not more than 340 grams per square meter; whether gloss grade, satin grade, matte grade, dull grade, or any other grade of finish; whether or not surface-colored, surfacedecorated, printed (except as described below), embossed, or perforated; and irrespective of dimensions (Certain Coated Paper). Certain Coated Paper includes (a) coated free sheet paper and paperboard that meets this scope definition; (b) coated groundwood paper and paperboard produced from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this scope definition; and (c) any other coated paper and paperboard that meets this scope definition. Certain Coated Paper is typically (but not exclusively) used for printing multicolored graphics for catalogues, books, magazines, envelopes, labels and wraps, greeting cards, and other commercial printing applications requiring high quality print graphics. Specifically excluded from the scope are imports of paper and paperboard printed with final content printed text or graphics. Imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States (HTSUS): 4810.14.11, 4810.14.1900, 4810.14.2010, 4810.14.2090, 4810.14.5000, 4810.14.6000, 4810.14.70, 4810.19.1100, 4810.19.1900, 4810.19.2010, 4810.19.2090, 4810.22.1000, 4810.22.50, 4810.22.6000, 4810.22.70, 4810.29.1000, 4810.29.5000, 4810.29.6000, 4810.29.70, 4810.32, 4810.39 and 4810.92. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive. Continuation of the Orders As a result of the determinations by the Department and the ITC that revocation of the AD and CVD orders would likely lead to a continuation or a recurrence of dumping and countervailable subsidies and material 8 One of the key measurements of any grade of paper is brightness. Generally speaking, the brighter the paper the better the contrast between the paper and the ink. Brightness is measured using a GE Reflectance Scale, which measures the reflection of light off of a grade of paper. One is the lowest reflection, or what would be given to a totally black grade, and 100 is the brightest measured grade. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 1693 injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby orders the continuation of the AD and CVD orders on coated paper from Indonesia and the PRC. U.S. Customs and Border Protection (CBP) will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. These five-year (sunset) reviews and notice are in accordance with sections 751(c) and published pursuant to section 777(i) the Act and 19 CFR 351.218(f)(4). Dated: December 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–00029 Filed 1–5–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–807] Sulfanilic Acid From India: Final Results of Expedited Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) finds that revocation of the countervailing duty (CVD) order on sulfanilic acid from India would likely lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the Final Results of Review section of this notice. DATES: Effective January 6, 2017. AGENCY: E:\FR\FM\06JAN1.SGM 06JAN1 1694 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices John Conniff, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1009. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On September 1, 2016, the Department initiated this fourth sunset review of the CVD order on sulfanilic acid from India pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).1 The Department received a notice of intent to participate from Nation Ford Chemical Company (NFC) (domestic interested party), within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic interested party claimed interested party status under section 771(9)(C) of the Act as a domestic producer of sulfanilic acid in the United States. The Department received an adequate substantive response from the domestic interested party within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department also received a response from a domestic importer of sulfanilic acid, which we rejected as inadequate under 19 CFR 351.218(d)(3)(ii).2 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited review of the CVD order. Scope of the Order sradovich on DSK3GMQ082PROD with NOTICES The merchandise covered by the CVD order are all grades of sulfanilic acid, which include technical (or crude) sulfanilic acid, refined (or purified) sulfanilic acid and sodium salt of sulfanilic acid (sodium sulfanilate). Sulfanilic acid is a synthetic organic chemical produced from the direct sulfonation of aniline with sulfuric acid. Sulfanilic acid is used as a raw material in the production of optical brighteners, food colors, specialty dyes, and concrete additives. The principal differences between the grades are the undesirable quantities of residual aniline and alkali insoluble materials present in the 1 See Initiation of Five-Year (Sunset) Review, 81 FR 60343 (September 1, 2016). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding, ‘‘Issues and Decision Memorandum for the Final Results of Expedited Sunset Review of the Countervailing Duty Order on Sulfanilic Acid from India,’’ dated concurrently with this notice (Sulfanilic Acid from India IDM) for more information on the reasons for the Department’s rejection. VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 sulfanilic acid. All grades are available as dry free flowing powders. Technical sulfanilic acid contains 96 percent minimum sulfanilic acid, 1.0 percent maximum aniline, and 1.0 percent maximum alkali insoluble materials. Refined sulfanilic acid contains 98 percent minimum sulfanilic acid, 0.5 percent maximum aniline, and 0.25 percent maximum alkali insoluble materials. Sodium salt of sulfanilic acid (sodium sulfanilate) is a granular or crystalline material containing 75 percent minimum sulfanilic acid, 0.5 percent maximum aniline, and 0.25 percent maximum alkali insoluble materials based on the equivalent sulfanilic acid content. In response to a request from 3V Corporation, on May 5, 1999, the Department determined that sodium sulfanilate processed in Italy from sulfanilic acid produced in India is within the scope of the order. See Notice of Scope Rulings and Anticircumvention Inquiries, 65 FR 41957 (July 7, 2000). The merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2921.42.22 and 2921.42.90. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, which is dated concurrently with and adopted by this notice.3 The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the order were revoked. Parties can find a complete discussion of all issues raised in this expedited sunset review and the corresponding recommendations in this public memorandum, which is on file electronically via the Enforcement and Compliance Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic 3 See PO 00000 Sulfanilic Acid from India IDM. Frm 00010 Fmt 4703 Sfmt 9990 versions of the Issues and Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the Order on sulfanilic acid from India would be likely to lead to continuation or recurrence of a net countervailable subsidy at the rate listed below: 4 Manufacturers/producers/ exporters Net countervailable subsidy rate (percent) All-Others ........................ 43.71 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 return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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. The Department is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218(e)(1)(ii)(c)(2). Dated: December 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. History of the Order III. Background IV. Scope V. Discussion of the Issues 1. Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Likely To Prevail 3. Nature of the Subsidy V. Final Results of Review VI. Recommendation [FR Doc. 2017–00035 Filed 1–5–17; 8:45 am] BILLING CODE 3510–DS–P 4 Id. E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1693-1694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00035]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-807]


Sulfanilic Acid From India: Final Results of Expedited Sunset 
Review of the Countervailing Duty Order

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

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the countervailing duty (CVD) order on sulfanilic acid 
from India would likely lead to the continuation or recurrence of a 
countervailable subsidy at the levels indicated in the Final Results of 
Review section of this notice.

DATES: Effective January 6, 2017.

[[Page 1694]]


FOR FURTHER INFORMATION CONTACT: John Conniff, Office III, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1009.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2016, the Department initiated this fourth sunset 
review of the CVD order on sulfanilic acid from India pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ The 
Department received a notice of intent to participate from Nation Ford 
Chemical Company (NFC) (domestic interested party), within the deadline 
specified in 19 CFR 351.218(d)(1)(i). The domestic interested party 
claimed interested party status under section 771(9)(C) of the Act as a 
domestic producer of sulfanilic acid in the United States.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (Sunset) Review, 81 FR 60343 
(September 1, 2016).
---------------------------------------------------------------------------

    The Department received an adequate substantive response from the 
domestic interested party within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i). The Department also received a response from a 
domestic importer of sulfanilic acid, which we rejected as inadequate 
under 19 CFR 351.218(d)(3)(ii).\2\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited review of the CVD order.
---------------------------------------------------------------------------

    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Enforcement and Compliance, to Paul Piquado, Assistant 
Secretary for Enforcement and Compliance regarding, ``Issues and 
Decision Memorandum for the Final Results of Expedited Sunset Review 
of the Countervailing Duty Order on Sulfanilic Acid from India,'' 
dated concurrently with this notice (Sulfanilic Acid from India IDM) 
for more information on the reasons for the Department's rejection.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the CVD order are all grades of 
sulfanilic acid, which include technical (or crude) sulfanilic acid, 
refined (or purified) sulfanilic acid and sodium salt of sulfanilic 
acid (sodium sulfanilate).
    Sulfanilic acid is a synthetic organic chemical produced from the 
direct sulfonation of aniline with sulfuric acid. Sulfanilic acid is 
used as a raw material in the production of optical brighteners, food 
colors, specialty dyes, and concrete additives. The principal 
differences between the grades are the undesirable quantities of 
residual aniline and alkali insoluble materials present in the 
sulfanilic acid. All grades are available as dry free flowing powders.
    Technical sulfanilic acid contains 96 percent minimum sulfanilic 
acid, 1.0 percent maximum aniline, and 1.0 percent maximum alkali 
insoluble materials. Refined sulfanilic acid contains 98 percent 
minimum sulfanilic acid, 0.5 percent maximum aniline, and 0.25 percent 
maximum alkali insoluble materials. Sodium salt of sulfanilic acid 
(sodium sulfanilate) is a granular or crystalline material containing 
75 percent minimum sulfanilic acid, 0.5 percent maximum aniline, and 
0.25 percent maximum alkali insoluble materials based on the equivalent 
sulfanilic acid content.
    In response to a request from 3V Corporation, on May 5, 1999, the 
Department determined that sodium sulfanilate processed in Italy from 
sulfanilic acid produced in India is within the scope of the order. See 
Notice of Scope Rulings and Anticircumvention Inquiries, 65 FR 41957 
(July 7, 2000).
    The merchandise is currently classifiable under Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings 2921.42.22 and 
2921.42.90. Although the HTSUS subheadings are provided for convenience 
and customs purposes, our written description of the scope of the order 
is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with and adopted by 
this notice.\3\ The issues discussed in the Issues and Decision 
Memorandum include the likelihood of continuation or recurrence of a 
countervailable subsidy and the net countervailable subsidy likely to 
prevail if the order were revoked. Parties can find a complete 
discussion of all issues raised in this expedited sunset review and the 
corresponding recommendations in this public memorandum, which is on 
file electronically via the Enforcement and Compliance Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ See Sulfanilic Acid from India IDM.
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the Order on sulfanilic acid from India would be 
likely to lead to continuation or recurrence of a net countervailable 
subsidy at the rate listed below: \4\
---------------------------------------------------------------------------

    \4\ Id.

------------------------------------------------------------------------
                                                              Net
                                                        countervailable
          Manufacturers/producers/exporters              subsidy rate
                                                           (percent)
------------------------------------------------------------------------
All-Others..........................................              43.71
------------------------------------------------------------------------

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 return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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.
    The Department is issuing and publishing these final results and 
this notice in accordance with sections 751(c), 752(b), and 777(i)(1) 
of the Act and 19 CFR 351.218(e)(1)(ii)(c)(2).

    Dated: December 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. History of the Order
III. Background
IV. Scope
V. Discussion of the Issues
    1. Continuation or Recurrence of a Countervailable Subsidy
    2. Net Countervailable Subsidy Likely To Prevail
    3. Nature of the Subsidy
V. Final Results of Review
VI. Recommendation

[FR Doc. 2017-00035 Filed 1-5-17; 8:45 am]
 BILLING CODE 3510-DS-P