Ammonium Sulfate From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 4850-4852 [2017-00843]
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4850
Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
tires, mobile home tires, motorcycle tires, allterrain vehicle tires, bicycle tires, on-road or
on-highway trailer tires, and truck and bus
tires. Such tires generally have in common
that the symbol ‘‘DOT’’ must appear on the
sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards.
Such excluded tires may also have the
following prefixes and suffixes included as
part of the size designation on their
sidewalls:
Prefix letter designations:
AT—Identifies a tire intended for service
on All-Terrain Vehicles;
P—Identifies a tire intended primarily for
service on passenger cars;
LT—Identifies a tire intended primarily for
service on light trucks;
T—Identifies a tire intended for oneposition ‘‘temporary use’’ as a spare only;
and
ST—Identifies a special tire for trailers in
highway service.
Suffix letter designations:
TR—Identifies a tire for service on trucks,
buses, and other vehicles with rims having
specified rim diameter of nominal plus
0.156’’ or plus 0.250’’;
MH—Identifies tires for Mobile Homes;
HC—Identifies a heavy duty tire designated
for use on ‘‘HC’’ 15’’ tapered rims used on
trucks, buses, and other vehicles. This suffix
is intended to differentiate among tires for
light trucks, and other vehicles or other
services, which use a similar designation.
Example: 8R17.5 LT, 8R17.5 HC;
LT—Identifies light truck tires for service
on trucks, buses, trailers, and multipurpose
passenger vehicles used in nominal highway
service;
ST—Special tires for trailers in highway
service; and
M/C—Identifies tires and rims for
motorcycles.
The following types of tires are also
excluded from the scope: Pneumatic tires
that are not new, including recycled or
retreaded tires and used tires; non-pneumatic
tires, including solid rubber tires; aircraft
tires; and turf, lawn and garden, and golf
tires. Also excluded from the scope are
mining and construction tires that have a rim
diameter equal to or exceeding 39 inches.
Such tires may be distinguished from other
tires of similar size by the number of plies
that the construction and mining tires
contain (minimum of 16) and the weight of
such tires (minimum 1500 pounds).
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.1025, 4011.20.1035,
4011.20.5030, 4011.20.5050, 4011.61.0000,
4011.62.0000, 4011.63.0000, 4011.69.0050,
4011.92.0000, 4011.93.4000, 4011.93.8000,
4011.94.4000, 4011.94.8000, 8431.49.9038,
8431.49.9090, 8709.90.0020, and
8716.90.1020. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.99.4550, 4011.99.8550, 8424.90.9080,
8431.20.0000, 8431.39.0010, 8431.49.1090,
8431.49.9030, 8432.90.0005, 8432.90.0015,
8432.90.0030, 8432.90.0080, 8433.90.5010,
8503.00.9560, 8708.70.0500, 8708.70.2500,
8708.70.4530, 8716.90.5035, 8716.90.5055,
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18:21 Jan 13, 2017
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8716.90.5056 and 8716.90.5059. While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the subject
merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues:
Comment 1: Standard Differential Pricing
Methodology
Comment 2: Unreported U.S. Sample Sales
Comment 3: Sales Outside the Ordinary
Course of Trade
Comment 4: Commission Offset
Comment 5: ATC’s Revised Cost Database
Submitted After Verification
Comment 6: Affirmative Determination of
ATC
Comment 7: Correction of Minor Errors
from U.S. Sales Verification
Comment 8: Warranty
Comment 9: Other Discounts
Comment 10: Classification of BKT’s Sales
Comment 11: Duty Drawback
Comment 12: CEP Offset
Comment 13: Quantity Unit of Measure
Comment 14: Correction of Verification
Errors
Comment 15: Correction of Preliminary
Determination Errors
VI. Recommendation
[FR Doc. 2017–00869 Filed 1–13–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–050]
Ammonium Sulfate From the People’s
Republic of China: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) 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.
DATES: Effective January 17, 2017.
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:
AGENCY:
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Background
On November 2, 2016, the Department
published its preliminary affirmative
determination that countervailable
subsidies are being provided to
producers and exporters of ammonium
sulfate from the PRC in the Federal
Register.1 We invited interested parties
to comment on our Preliminary
Determination, and/or request a hearing.
No party, including the mandatory
respondents 2 and the Government of
China (GOC), submitted comments or
requested a hearing.
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.
Verification
None of the mandatory respondents in
this investigation provided information
requested by the Department. Hence, no
verification was conducted.
Use of Adverse Facts Available (AFA)
As discussed above, we received no
comments from interested parties
pertaining to the Preliminary
Determination. Therefore, for this final
determination, and pursuant to sections
776(a)–(d) of the Tariff Act of 1930, as
amended (the Act), we continue to rely
on facts available for Wuzhoufeng AST
and Yantai AMP, the two mandatory
respondents, and the GOC, which did
not respond to our countervailing duty
questionnaires.3 Further, we continue to
find that Wuzhoufeng AST, Yantai
AMP, and the GOC failed to act to the
best of their ability and, therefore, we
are drawing an adverse inference in
selecting from among the facts
otherwise available to determine
whether the programs subject to this
investigation constitute countervailable
subsidies and to calculate the ad
valorem rates for Wuzhoufeng AST and
Yantai AMP.4
For this final determination, as AFA,
we continue to find all programs
1 See Countervailing Duty Investigation of
Ammonium Sulfate from the People’s Republic of
China: Preliminary Affirmative Determination, 81
FR 76332 (November 2, 2016) (Preliminary
Determination).
2 The Department selected Wuzhoufeng
Agricultural Science & Technology Co. Ltd.
(Wuzhoufeng AST) and Yantai Jiahe Agriculture
Means of Production Co. Ltd. (Yantai AMP) as
mandatory respondents.
3 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
October 24, 2016 (Preliminary Decision
Memorandum) at 1–2, 5–7 and Attachment 1.
4 See sections 776(a) and (b) of the Act.
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Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
included in this proceeding to be
countervailable, i.e., they provide a
financial contribution within the
meaning of sections 771(5)(B)(i) and (D)
of the Act, confer a benefit within the
meaning of section 771(5)(E) of the Act,
and are specific within the meaning of
section 771(5A) of the Act.5 The
Department’s calculation of the AFA
rate was discussed in the Preliminary
Decision Memorandum which is
incorporated by reference, and hereby
adopted by, this final determination.6
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 https://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 https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
sradovich on DSK3GMQ082PROD with NOTICES
Final Determination
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
countervailing duty rates for the
individually investigated producers/
exporters of the subject merchandise,
Wuzhoufeng AST and Yantai AMP.
With respect to the ‘‘all-others’’ rate,
section 705(c)(5)(A)(ii) of the Act
provides that if the countervailing duty
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 adverse
inferences, under section 776 of the Act.
Because there is no other information on
the record with which to determine an
all-others rate, in accordance with
section 705(c)(5)(A)(ii) 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
final countervailable subsidy rates are
summarized in the table below.
6 See
Preliminary Decision Memorandum at 6–10.
id. at Attachment 1.
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18:21 Jan 13, 2017
Jkt 241001
privileged and business proprietary
information in our files, provided the
ITC confirms it will not disclose such
information, either publicly or under an
administrative protective order (APO),
206.72
without the written consent of the
Assistant Secretary for Enforcement and
206.72 Compliance.
Subsidy rate
(percent)
Company
Wuzhoufeng Agricultural
Science & Technology Co.
Ltd .....................................
Yantai Jiahe Agriculture
Means of Production Co.
Ltd .....................................
All-Others ..............................
206.72
Suspension of Liquidation
As a result of our Preliminary
Determination, and pursuant to sections
703(d)(1)(B) and (d)(2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to suspend all entries
of ammonium sulfate from the PRC, as
described in the ‘‘Scope of the
Investigation,’’ that were entered, or
withdrawn from warehouse, for
consumption on or after November 2,
2016, the date of the publication of the
Preliminary Determination in the
Federal Register. Additionally, at that
time, we instructed CBP to collect cash
deposits of estimated countervailing
duties at the rates determined in the
Preliminary Determination.7 The
suspension of liquidation and collection
of cash deposits will remain in effect
until further notice.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a CVD order and will instruct
CBP to continue to suspend liquidation
under section 706(a) of the Act and to
continue to require a cash deposit of
estimated CVDs for such entries of
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited, or securities posted as
a result of the suspension of liquidation,
will be refunded or canceled.
Disclosure
We described the calculations used to
determine CVD rates based on AFA in
the Preliminary Decision
Memorandum.8 Thus, no additional
disclosure of calculations is necessary
for this final determination.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
7 See
Preliminary Determination, 81 FR at 76332.
Preliminary Decision Memorandum at
‘‘Application of AFA: Wuzhoufeng AST and Yantai
AMP, and the GOC.’’
8 See
5 See
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4851
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Notification Regarding APOs
This notice will serve as a reminder
to the parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APOs in accordance
with 19 CFR 351.305. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: January 9, 2017.
Paul Piquado,
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
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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. 2017–00843 Filed 1–13–17; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–898]
Chlorinated Isocyanurates From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 12, 2016, the
Department of Commerce (‘‘the
Department’’) published its Preliminary
Results of the administrative review of
the antidumping duty order on
chlorinated isocyanurates (‘‘chloro
isos’’) from the People’s Republic of
China (‘‘the PRC’’). The period of review
(POR) is June 1, 2014, through May 31,
2015. This review covers three
producers/exporters: (1) Heze Huayi
Chemical Co., Ltd. (‘‘Heze Huayi’’); (2)
Hebei Jiheng Chemical Co., Ltd.
(‘‘Jiheng’’); and (3) Juancheng Kangtai
Chemical Co., Ltd. (‘‘Kangtai’’). We
invited parties to comment on our
Preliminary Results. Based on our
analysis of the comments received, we
made certain changes to our margin
calculations for all three respondents.
The final dumping margins for this
review are listed in the ‘‘Final Results’’
section below.
DATES: Effective January 17, 2017.
FOR FURTHER INFORMATION CONTACT:
Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3964.
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
18:21 Jan 13, 2017
On July 12, 2016, the Department
published its Preliminary Results of the
administrative review.1 On August 25,
2016, respondents Heze Huayi, Kangtai,
Jiheng, collectively submitted a case
brief.2 On September 6, 2016, Biolab,
Inc., Clearon Corp. and Occidental
Chemical Corp. (collectively,
‘‘Petitioners’’) submitted a rebuttal
brief.3
On October 21, 2016, the Department
fully extended the deadline for the final
results in this administrative review
until January 9, 2017.4 The Department
held a public hearing on December 14,
2016, to address issues raised in the
case and rebuttal briefs.5
Scope of the Order
BILLING CODE 3510–DS–P
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Background
Jkt 241001
The products covered by the order are
chloro isos, which are derivatives of
cyanuric acid, described as chlorinated
s-triazine triones. Chlorinated isos are
currently classifiable under subheadings
2933.69.6015, 2933.69.6021,
2933.69.6050, 3808.40.50, 3808.50.40
and 3808.94.5000 of the Harmonized
Tariff Schedule of the United States.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of
merchandise subject to the scope is
dispositive. For a full description of the
scope of the order, see Issues and
Decision Memorandum.6
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2014–
2015, 81 FR 45128 (July 12, 2016) (Preliminary
Results).
2 See ‘‘Chlorinated Isocyanurates from the
People’s Republic of China: Case Brief,’’ (August 25,
2016).
3 See ‘‘The Administrative Review of the
Antidumping Duty Order on Chlorinated
Isocyanurates from the People’s Republic of China:
Rebuttal Brief of Biolab, Inc., Clearon Corp. and
Occidental Chemical Corporation,’’ (September 6,
2016).
4 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Chlorinated
Isocyanurates from the People’s Republic of China:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’
(October 21, 2016).
5 See Hearing Transcript, ‘‘Public Hearing in the
Matter of: Administrative Review under the
Antidumping Duty Order on Chlorinated
Isocyanurates from the People’s Republic of China,’’
(December 20, 2016).
6 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review:
Chlorinated Isocyanurates from the People’s
Republic of China; 2014–2015,’’ (‘‘Issues and
Decision Memorandum’’) issued concurrently with
this notice for a complete description of the scope
of the Order.
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Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues that parties raised and to which
we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
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 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 https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have made revisions to the
margin calculations for all three
companies as a result of changes in the
surrogate financial ratios and the
surrogate value for steam coal.7
Final Results of Administrative Review
The weighted-average dumping
margins for the administrative review
are as follows:
Exporter
Heze Huayi Chemical Co., Ltd ...
Hebei Jiheng Chemical Co., Ltd
Juancheng Kangtai Chemical
Co., Ltd ...................................
Weightedaverage
dumping
margin
(percent)
53.95
61.03
35.05
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), and 19 CFR 351.212(b), the
Department has determined, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to issue appropriate
assessment instructions directly to CBP
7 See
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Issues and Decision Memorandum, at 1.
17JAN1
]]>Agencies
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4850-4852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00843]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-050]
Ammonium Sulfate From the People's Republic of China: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) 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.
DATES: Effective January 17, 2017.
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:
Background
On November 2, 2016, the Department published its preliminary
affirmative determination that countervailable subsidies are being
provided to producers and exporters of ammonium sulfate from the PRC in
the Federal Register.\1\ We invited interested parties to comment on
our Preliminary Determination, and/or request a hearing. No party,
including the mandatory respondents \2\ and the Government of China
(GOC), submitted comments or requested a hearing.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Investigation of Ammonium Sulfate
from the People's Republic of China: Preliminary Affirmative
Determination, 81 FR 76332 (November 2, 2016) (Preliminary
Determination).
\2\ The Department selected Wuzhoufeng Agricultural Science &
Technology Co. Ltd. (Wuzhoufeng AST) and Yantai Jiahe Agriculture
Means of Production Co. Ltd. (Yantai AMP) as mandatory respondents.
---------------------------------------------------------------------------
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.
Verification
None of the mandatory respondents in this investigation provided
information requested by the Department. Hence, no verification was
conducted.
Use of Adverse Facts Available (AFA)
As discussed above, we received no comments from interested parties
pertaining to the Preliminary Determination. Therefore, for this final
determination, and pursuant to sections 776(a)-(d) of the Tariff Act of
1930, as amended (the Act), we continue to rely on facts available for
Wuzhoufeng AST and Yantai AMP, the two mandatory respondents, and the
GOC, which did not respond to our countervailing duty
questionnaires.\3\ Further, we continue to find that Wuzhoufeng AST,
Yantai AMP, and the GOC failed to act to the best of their ability and,
therefore, we are drawing an adverse inference in selecting from among
the facts otherwise available to determine whether the programs subject
to this investigation constitute countervailable subsidies and to
calculate the ad valorem rates for Wuzhoufeng AST and Yantai AMP.\4\
---------------------------------------------------------------------------
\3\ 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
October 24, 2016 (Preliminary Decision Memorandum) at 1-2, 5-7 and
Attachment 1.
\4\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
For this final determination, as AFA, we continue to find all
programs
[[Page 4851]]
included in this proceeding to be countervailable, i.e., they provide a
financial contribution within the meaning of sections 771(5)(B)(i) and
(D) of the Act, confer a benefit within the meaning of section
771(5)(E) of the Act, and are specific within the meaning of section
771(5A) of the Act.\5\ The Department's calculation of the AFA rate was
discussed in the Preliminary Decision Memorandum which is incorporated
by reference, and hereby adopted by, this final determination.\6\ 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 https://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 https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\5\ See Preliminary Decision Memorandum at 6-10.
\6\ See id. at Attachment 1.
---------------------------------------------------------------------------
Final Determination
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated countervailing duty rates for the individually investigated
producers/exporters of the subject merchandise, Wuzhoufeng AST and
Yantai AMP.
With respect to the ``all-others'' rate, section 705(c)(5)(A)(ii)
of the Act provides that if the countervailing duty 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 adverse inferences, under
section 776 of the Act. Because there is no other information on the
record with which to determine an all-others rate, in accordance with
section 705(c)(5)(A)(ii) 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 final 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
------------------------------------------------------------------------
Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend all entries of ammonium sulfate
from the PRC, as described in the ``Scope of the Investigation,'' that
were entered, or withdrawn from warehouse, for consumption on or after
November 2, 2016, the date of the publication of the Preliminary
Determination in the Federal Register. Additionally, at that time, we
instructed CBP to collect cash deposits of estimated countervailing
duties at the rates determined in the Preliminary Determination.\7\ The
suspension of liquidation and collection of cash deposits will remain
in effect until further notice.
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\7\ See Preliminary Determination, 81 FR at 76332.
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order and will
instruct CBP to continue to suspend liquidation under section 706(a) of
the Act and to continue to require a cash deposit of estimated CVDs for
such entries of merchandise in the amounts indicated above. If the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated and all estimated duties
deposited, or securities posted as a result of the suspension of
liquidation, will be refunded or canceled.
Disclosure
We described the calculations used to determine CVD rates based on
AFA in the Preliminary Decision Memorandum.\8\ Thus, no additional
disclosure of calculations is necessary for this final determination.
ITC Notification
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\8\ See Preliminary Decision Memorandum at ``Application of AFA:
Wuzhoufeng AST and Yantai AMP, and the GOC.''
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In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Notification Regarding APOs
This notice will serve as a reminder to the parties subject to APO
of their responsibility concerning the disposition of proprietary
information disclosed under APOs in accordance with 19 CFR 351.305.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: January 9, 2017.
Paul Piquado,
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
[[Page 4852]]
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. 2017-00843 Filed 1-13-17; 8:45 am]
BILLING CODE 3510-DS-P
