Ammonium Sulfate From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 8403-8404 [2017-01653]
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8403
Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices
Weighted-average
dumping margin
(percent)
Producer and/or exporter
Pastificio Carmine Russo S.p.A. (Carmine) ..................................................................................................................................
Pastificio DiMartino Gaetano & F. Ili S.r.L. (DiMartino) ................................................................................................................
Pastificio Fabianelli S.p.A. (Fabianelli) ..........................................................................................................................................
Pastificio Felicetti S.r. L. (Felicetti) ................................................................................................................................................
Pastificio Labor S.r.L. (Labor) ........................................................................................................................................................
Pastificio Riscossa F. Ili Mastromauro S.p.A. (AKA Pastificio Riscossa F. Ili. Mastromauro S.r.L.) (Riscossa) .........................
Poiatti S.p.A. (Poiatti) ....................................................................................................................................................................
Premiato Pastificio Afeltra S.r. L. (Premiato) 8 ..............................................................................................................................
Rustichella d’Abruzzo S.p.A. (Rustichella) ....................................................................................................................................
Duty Assessment/Cash Deposits
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
amended final results to liquidate
shipments of subject merchandise
produced and/or exported by
respondents listed above entered, or
withdrawn form warehouse, for
consumption on or after July 1, 2014,
through June 30, 2015.
Pursuant to section 751(a)(2)(C) of the
Act, the Department also intends to
instruct CBP to collect cash deposits of
estimated dumping 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 December
16, 2016, the date of publication of the
Final Results. For all non-reviewed
firms, we will instruct CBP to continue
to collect cash deposits at the mostrecent 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.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
mstockstill on DSK3G9T082PROD with NOTICES
7 In
the Initiation Notice, the Department initiated
an administrative review of ‘‘P.A.P SNC DI Pazienza
G.B. & C.’’ See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
53106 (September 2, 2015) (Initiation Notice). In the
recently completed changed circumstances review
of this company the Department determined that
P.A.P. S.R.L. is the successor-in-interest to P.A.P
SNC DI Pazienza G.B. & C. See Certain Pasta from
Italy: Final Results of Changed Circumstances
Review, 80 FR 48807 (August 14, 2015) (P.A.P.
S.R.L. CCR).
The rate of 2.47 percent, as listed in the rate chart
above, will apply to P.A.P SNC DI Pazienza G.B. &
C. for assessment purposes. Effective December 16,
2016, the rate of 2.47 percent, as listed in the rate
chart above for P.A.P SNC DI Pazienza G.B. & C.,
will apply to P.A.P. S.R.L. for cash deposit
purposes.
8 In the Initiation Notice, the Department
inadvertently misspelled the name of Premiato as
‘‘Premiato Pastificio Afreltra S.r.L.’’
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20:29 Jan 24, 2017
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destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the 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.
at LTFV is listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective January 25, 2017.
FOR FURTHER INFORMATION CONTACT:
Maliha Khan, 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) 482–0895.
SUPPLEMENTARY INFORMATION:
Disclosure
Background
We will disclose the calculations
performed for these amended final
results to interested parties within five
business days of the date of the
publication of this notice in accordance
with 19 CFR 351.224(b)
We are issuing and publishing this
notice in accordance with sections
751(h) and 777(i)(1) of the Act and 19
CFR 351.224(e).
On November 9, 2016, the Department
published the Preliminary
Determination.1 Interested parties were
invited to submit comments on the
Preliminary Determination,2 but no
comments were received. Additionally,
no party requested a hearing.
Dated: January 17, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2017–01597 Filed 1–24–17; 8:45 am]
BILLING CODE 3510–DS–P
Administrative Protective Order
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2.47
2.47
2.47
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–049]
Ammonium Sulfate From the People’s
Republic of China: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (‘‘the Department’’)
determines that ammonium sulfate from
the People’s Republic of China (‘‘PRC’’)
is being, or is likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’). The period of investigation is
October 1, 2015, through March 31,
2016. The final dumping margin of sales
AGENCY:
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Fmt 4703
Sfmt 4703
Scope of the Investigation
The scope of the investigation covers
ammonium sulfate from the PRC. For a
complete description of the scope of this
investigation, see Appendix I.
Analysis of Comments Received
As noted above, we received no
comments in response to the
Preliminary Determination.
Use of Adverse Facts Available
As stated in the Preliminary
Determination, we found that the PRCwide entity was unresponsive to the
Department’s requests for information.
Specifically, as discussed in the
Preliminary Decision Memorandum, of
the 95 companies identified in the
petition, only five submitted quantity
and value (‘‘Q&V’’) information.
However, none of the Q&V responses
were useable for respondent selection
1 See Ammonium Sulfate from the People’s
Republic of China: Preliminary Determination of
Sales at Less Than Fair Value, 81 FR 78776
(November 9, 2016) (‘‘Preliminary Determination’’),
and accompanying Preliminary Issues and Decision
Memorandum (‘‘PDM’’).
2 See Preliminary Determination, 81 FR 78776–
78777; see also Ammonium Sulfate from the
People’s Republic of China: Correction to the
Preliminary Determination of Sales at Less Than
Fair Value, 81 FR 84554 (November 23, 2016).
E:\FR\FM\25JAN1.SGM
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8404
Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices
because three of the five responses
submitted no shipment notifications
and the remaining two included Q&V
data showing that the companies did
not ship to the United States the subject
merchandise during the period of
investigation.3 Without a useable Q&V
response from a potential respondent,
we were unable to select a mandatory
respondent for individual examination
in accordance with our normal
methodology and calculate a rate.
Therefore, the Department found that
the PRC-wide entity failed to provide
necessary information, withheld
information requested by the
Department, failed to provide
information in a timely manner, and
significantly impeded this proceeding
by not submitting the requested
information. Furthermore, because the
PRC-wide entity failed to provide any
information, for this final
determination, the Department
continues to find that use of facts
available is warranted in determining
the rate of the PRC-wide entity,
pursuant to sections 776(a)(1) and
(a)(2)(A)-(C) of the Tariff Act of 1930, as
amended (‘‘the Act).4
Final Determination
The final weighted-average dumping
margin is as follows:
Exporter/producer
Weighted-average
margin
(percent)
PRC-Wide Entity .........
493.46
Disclosure
The weighted-average dumping
margin assigned to the PRC-wide entity
in the Preliminary Determination was
based on adverse facts available. As we
have made no changes to the margin
since the Preliminary Determination, no
disclosure of calculations is necessary
for this final determination.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (‘‘CBP’’) to continue to
suspend liquidation of all appropriate
3 See
Preliminary Determination, and PDM at 4.
e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value, Affirmative
Preliminary Determination of Critical
Circumstances and Postponement of Final
Determination: Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam, 68 FR 4986, 4991
(January 31, 2003), unchanged in Notice of Final
Determination of Sales at Less Than Fair Value and
Affirmative Critical Circumstances: Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam,
68 FR 37116 (June 23, 2003).
mstockstill on DSK3G9T082PROD with NOTICES
4 See,
VerDate Sep<11>2014
20:29 Jan 24, 2017
Jkt 241001
entries of ammonium sulfate from the
PRC, as described in Appendix I of this
notice, which were entered, or
withdrawn from warehouse, for
consumption on or after November 9,
2016, the date of publication in the
Federal Register of the affirmative
Preliminary Determination.
Further, pursuant to section
735(c)(1)(B)(ii) of the Act, the
Department will also instruct CBP to
require for all PRC exporters/producers
of merchandise under consideration,
and all non-PRC exporters of
merchandise under consideration, the
cash deposit rate applicable for the PRCwide entity, 493.46 percent.5
The Department is making no
adjustments to the antidumping cash
deposit rate in the instant investigation
because the Department has made no
findings in the companion
countervailing duty investigation that
any of the programs are export
subsidies.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (‘‘ITC’’)
of the final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury by reason of imports of
ammonium sulfate from the PRC no
later than 45 days after this final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, the
Department will issue an antidumping
duty order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
5 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042,
64137 (October 3, 2011).
PO 00000
Frm 00009
Fmt 4703
Sfmt 9990
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return of 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 determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: January 17, 2017.
Paul Piquado,
Assistant Secretary, for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is ammonium sulfate in all
physical forms, with or without additives
such as anti-caking agents. Ammonium
sulfate, which may also be spelled as
ammonium sulphate, has the chemical
formula (NH4)2SO4.
The scope includes ammonium sulfate that
is combined with other products, including
by, for example, blending (i.e., mixing
granules of ammonium sulfate with granules
of one or more other products), compounding
(i.e., when ammonium sulfate is compacted
with one or more other products under high
pressure), or granulating (incorporating
multiple products into granules through, e.g.,
a slurry process). For such combined
products, only the ammonium sulfate
component is covered by the scope of this
investigation.
Ammonium sulfate that has been
combined with other products is included
within the scope regardless of whether the
combining occurs in countries other than
China.
Ammonium sulfate that is otherwise
subject to this investigation is not excluded
when commingled (i.e., mixed or combined)
with ammonium sulfate from sources not
subject to this investigation. Only the subject
component of such commingled products is
covered by the scope of this investigation.
The Chemical Abstracts Service (CAS)
registry number for ammonium sulfate is
7783–20–2.
The merchandise covered by this
investigation is currently classifiable under
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 3102.21.0000.
Although this HTSUS subheading and CAS
registry number are provided for convenience
and customs purposes, the written
description of the scope of the investigation
is dispositive.
[FR Doc. 2017–01653 Filed 1–24–17; 8:45 am]
BILLING CODE 3510–DS–P
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25JAN1
]]>Agencies
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8403-8404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01653]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-049]
Ammonium Sulfate From the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (``the Department'')
determines that ammonium sulfate from the People's Republic of China
(``PRC'') is being, or is likely to be, sold in the United States at
less than fair value (``LTFV''). The period of investigation is October
1, 2015, through March 31, 2016. The final dumping margin of sales at
LTFV is listed below in the ``Final Determination'' section of this
notice.
DATES: Effective January 25, 2017.
FOR FURTHER INFORMATION CONTACT: Maliha Khan, 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) 482-0895.
SUPPLEMENTARY INFORMATION:
Background
On November 9, 2016, the Department published the Preliminary
Determination.\1\ Interested parties were invited to submit comments on
the Preliminary Determination,\2\ but no comments were received.
Additionally, no party requested a hearing.
---------------------------------------------------------------------------
\1\ See Ammonium Sulfate from the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value, 81 FR
78776 (November 9, 2016) (``Preliminary Determination''), and
accompanying Preliminary Issues and Decision Memorandum (``PDM'').
\2\ See Preliminary Determination, 81 FR 78776-78777; see also
Ammonium Sulfate from the People's Republic of China: Correction to
the Preliminary Determination of Sales at Less Than Fair Value, 81
FR 84554 (November 23, 2016).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers ammonium sulfate from the
PRC. For a complete description of the scope of this investigation, see
Appendix I.
Analysis of Comments Received
As noted above, we received no comments in response to the
Preliminary Determination.
Use of Adverse Facts Available
As stated in the Preliminary Determination, we found that the PRC-
wide entity was unresponsive to the Department's requests for
information. Specifically, as discussed in the Preliminary Decision
Memorandum, of the 95 companies identified in the petition, only five
submitted quantity and value (``Q&V'') information. However, none of
the Q&V responses were useable for respondent selection
[[Page 8404]]
because three of the five responses submitted no shipment notifications
and the remaining two included Q&V data showing that the companies did
not ship to the United States the subject merchandise during the period
of investigation.\3\ Without a useable Q&V response from a potential
respondent, we were unable to select a mandatory respondent for
individual examination in accordance with our normal methodology and
calculate a rate. Therefore, the Department found that the PRC-wide
entity failed to provide necessary information, withheld information
requested by the Department, failed to provide information in a timely
manner, and significantly impeded this proceeding by not submitting the
requested information. Furthermore, because the PRC-wide entity failed
to provide any information, for this final determination, the
Department continues to find that use of facts available is warranted
in determining the rate of the PRC-wide entity, pursuant to sections
776(a)(1) and (a)(2)(A)-(C) of the Tariff Act of 1930, as amended
(``the Act).\4\
---------------------------------------------------------------------------
\3\ See Preliminary Determination, and PDM at 4.
\4\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value, Affirmative Preliminary Determination of
Critical Circumstances and Postponement of Final Determination:
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam,
68 FR 4986, 4991 (January 31, 2003), unchanged in Notice of Final
Determination of Sales at Less Than Fair Value and Affirmative
Critical Circumstances: Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam, 68 FR 37116 (June 23, 2003).
---------------------------------------------------------------------------
Final Determination
The final weighted-average dumping margin is as follows:
------------------------------------------------------------------------
Weighted-average
Exporter/producer margin (percent)
------------------------------------------------------------------------
PRC-Wide Entity................................... 493.46
------------------------------------------------------------------------
Disclosure
The weighted-average dumping margin assigned to the PRC-wide entity
in the Preliminary Determination was based on adverse facts available.
As we have made no changes to the margin since the Preliminary
Determination, no disclosure of calculations is necessary for this
final determination.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all appropriate entries of ammonium sulfate
from the PRC, as described in Appendix I of this notice, which were
entered, or withdrawn from warehouse, for consumption on or after
November 9, 2016, the date of publication in the Federal Register of
the affirmative Preliminary Determination.
Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the
Department will also instruct CBP to require for all PRC exporters/
producers of merchandise under consideration, and all non-PRC exporters
of merchandise under consideration, the cash deposit rate applicable
for the PRC-wide entity, 493.46 percent.\5\
---------------------------------------------------------------------------
\5\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042,
64137 (October 3, 2011).
---------------------------------------------------------------------------
The Department is making no adjustments to the antidumping cash
deposit rate in the instant investigation because the Department has
made no findings in the companion countervailing duty investigation
that any of the programs are export subsidies.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (``ITC'') of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury by reason of imports of ammonium
sulfate from the PRC no later than 45 days after this final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, the Department will issue an antidumping duty order
directing CBP to assess, upon further instruction by the Department,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
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 notification of the
return of 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 determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: January 17, 2017.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is ammonium
sulfate in all physical forms, with or without additives such as
anti-caking agents. Ammonium sulfate, which may also be spelled as
ammonium sulphate, has the chemical formula
(NH4)2SO4.
The scope includes ammonium sulfate that is combined with other
products, including by, for example, blending (i.e., mixing granules
of ammonium sulfate with granules of one or more other products),
compounding (i.e., when ammonium sulfate is compacted with one or
more other products under high pressure), or granulating
(incorporating multiple products into granules through, e.g., a
slurry process). For such combined products, only the ammonium
sulfate component is covered by the scope of this investigation.
Ammonium sulfate that has been combined with other products is
included within the scope regardless of whether the combining occurs
in countries other than China.
Ammonium sulfate that is otherwise subject to this investigation
is not excluded when commingled (i.e., mixed or combined) with
ammonium sulfate from sources not subject to this investigation.
Only the subject component of such commingled products is covered by
the scope of this investigation.
The Chemical Abstracts Service (CAS) registry number for
ammonium sulfate is 7783-20-2.
The merchandise covered by this investigation is currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and
CAS registry number are provided for convenience and customs
purposes, the written description of the scope of the investigation
is dispositive.
[FR Doc. 2017-01653 Filed 1-24-17; 8:45 am]
BILLING CODE 3510-DS-P
