Ammonium Sulfate From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders, 13094-13095 [2017-04753]

Download as PDF 13094 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices of dumping in the event of revocation of the AD Order and the magnitude of the margins likely to prevail if the order were revoked, is provided in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.6 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 http:// enforcement.trade.gov/frnl. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Dated: March 1, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely To Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2017–04640 Filed 3–8–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, the Department determines that revocation of the AD Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average margins up to 25.62 percent. Notification to Interested Parties asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 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 violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 CFR 351.218, and 19 CFR 351.221(c)(5)(ii). 6 See Memorandum from James Maeder, Senior Director, Office I, Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Expedited First Sunset Review of the Antidumping Duty Order on Multilayered Wood Flooring from the People’s Republic of China,’’ dated concurrently with this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:43 Mar 08, 2017 Jkt 241001 [A–570–049, C–570–050] Ammonium Sulfate From the People’s Republic of China: Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Based on affirmative final determinations by the Department of Commerce (‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing antidumping duty (‘‘AD’’) and countervailing duty (‘‘CVD’’) orders on ammonium sulfate from the People’s Republic of China (‘‘PRC’’). SUMMARY: DATES: Effective March 9, 2017. Tom Martin (AD) at (202) 482–3936 or Robert Galantucci (CVD) at (202) 482–2923, AD/CVD Operations, Office IV, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background In accordance with sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the ‘‘Act’’), on January 17, 2017, and January 25, 2017, respectively, the Department published its affirmative final determination that countervailable subsidies are being provided to producers and exporters of ammonium sulfate from the PRC and its affirmative final determination of sales PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 at less than fair value (‘‘LTFV’’).1 On March 2, 2017, the ITC notified the Department of its final affirmative determination that an industry in the United States is materially injured by reason of LTFV imports and subsidized imports of ammonium sulfate from the PRC, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.2 Scope of the Orders The merchandise covered by these orders 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 these orders. 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 these orders is not excluded when commingled (i.e., mixed or combined) with ammonium sulfate from sources not subject to these orders. Only the subject component of such commingled products is covered by the scope of these orders. The Chemical Abstracts Service (‘‘CAS’’) registry number for ammonium sulfate is 7783–20–2. The merchandise covered by these orders is currently classifiable under Harmonized Tariff Schedule of the 1 See Ammonium Sulfate from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 82 FR 4850 (January 17, 2017) (‘‘CVD Final Determination’’); Ammonium Sulfate from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 82 FR 8403 (January 25, 2017) (‘‘AD Final Determination’’). 2 See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding antidumping and countervailing duty investigations concerning imports of ammonium sulfate from the People’s Republic of China (Investigation Nos 701–TA–562 and 731–TA–1329), dated March 2, 2017 (‘‘ITC Letter’’). E:\FR\FM\09MRN1.SGM 09MRN1 13095 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 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 orders is dispositive. asabaliauskas on DSK3SPTVN1PROD with NOTICES Antidumping Duty Order In accordance with section 735(d) of the Act, the ITC has notified the Department of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of ammonium sulfate that are sold in the United States at LTFV. Therefore, in accordance with section 735(c)(2) of the Act, we are publishing this antidumping duty order. Because the ITC determined that imports of ammonium sulfate from the PRC are materially injuring a U.S. industry, unliquidated entries of such merchandise from the PRC, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. In accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (‘‘CBP’’) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of ammonium sulfate from the PRC. Antidumping duties will be assessed on unliquidated entries of ammonium sulfate from the PRC entered, or withdrawn from warehouse, for consumption on or after November 9, 2016, the date of publication of the AD Preliminary Determination.3 Continuation of Suspension of Liquidation (AD) In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on entries of subject merchandise from the PRC. These instructions suspending liquidation will remain in effect until further notice. We will also instruct CBP to require cash deposits equal to the amount indicated below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the 3 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). VerDate Sep<11>2014 17:43 Mar 08, 2017 Jkt 241001 estimated weighted-average dumping margin listed below. The Department has made no adjustments to the antidumping cash deposit rate because the Department has made no findings in the countervailing duty investigation that any of the programs are export subsidies.4 Suspension of Liquidation (CVD) In accordance with section 706 of the Act, the Department will direct CBP to reinstitute suspension of liquidation, effective on the date of publication of the ITC’s notice of final determination in the Federal Register, and to assess, upon further instruction by the Department pursuant to section Estimated Weighted-Average 706(a)(1) of the Act, countervailing Antidumping Duty Margin duties for each entry of the subject merchandise in an amount based on the The weighted-average antidumping net countervailable subsidy rate for the duty margin is as follows: subject merchandise. The Department Weighted- will also direct CBP to require a cash average deposit for each entry of subject Exporter/producer margin merchandise in an amount equal to the (percent) net countervailable subsidy rates listed PRC-Wide Entity ......................... 493.46 below. The All-Others rate applies to all producers and exporters of subject merchandise not specifically listed. Countervailing Duty Order In accordance with section 705(d) of the Act, the ITC notified the Department of its final determination that the industry in the United States producing ammonium sulfate is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of ammonium sulfate from the PRC.5 Therefore, in accordance with section 706(a) of the Act, we are publishing this countervailing duty order. As a result of the ITC’s final determination, in accordance with section 706(a) of the Act, the Department will direct CBP to assess, upon further instruction by the Department, countervailing duties on unliquidated entries of ammonium sulfate entered, or withdrawn from warehouse, for consumption on or after November 2, 2016, the date of publication of the CVD Preliminary Determination.6 However, section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Therefore, entries of ammonium sulfate made on or after March 2, 2017, and prior to the date of publication of the ITC’s final determination in the Federal Register, are not liable for the assessment of countervailing duties, due to the Department’s discontinuation, effective March 2, 2017, of the suspension of liquidation. Exporter/producer Subsidy rate (percent) Wuzhoufeng Agricultural Science & Technology Co. Ltd ............. Yantai Jiahe Agriculture Means of Production Co. Ltd .............. All-Others .................................... 206.72 206.72 206.72 Notification to Interested Parties This notice constitutes the AD and CVD orders with respect to ammonium sulfate from the PRC pursuant to sections 736(a) and 706(a) of the Act. Interested parties can find an updated list of orders currently in effect by either visiting http://enforcement.trade.gov/ stats/iastats1.html or by contacting the Department’s Central Records Unit, Room B8024 of the main Commerce Building. These orders are published in accordance with sections 706(a), 736(a), and 777(i) of the Act, and 19 CFR 351.211(b). Dated: March 6, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–04753 Filed 3–8–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Advisory Committee International Trade Administration, Commerce. ACTION: Notice of an open meeting. AGENCY: 4 See AD Final Determination, 82 FR at 8404. 5 See ITC Letter. 6 See Countervailing Duty Investigation of Ammonium Sulfate from the People’s Republic of China: Preliminary Affirmative Determination, 81 FR 76332 (November 2, 2016). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 The Renewable Energy and Energy Efficiency Advisory Committee SUMMARY: E:\FR\FM\09MRN1.SGM 09MRN1

Agencies

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13094-13095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04753]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-049, C-570-050]


Ammonium Sulfate From the People's Republic of China: Antidumping 
Duty and Countervailing Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing antidumping duty (``AD'') and 
countervailing duty (``CVD'') orders on ammonium sulfate from the 
People's Republic of China (``PRC'').

DATES: Effective March 9, 2017.

FOR FURTHER INFORMATION CONTACT: Tom Martin (AD) at (202) 482-3936 or 
Robert Galantucci (CVD) at (202) 482-2923, AD/CVD Operations, Office 
IV, Enforcement and Compliance, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as amended (the ``Act''), on January 17, 2017, and January 25, 
2017, respectively, the Department published its affirmative final 
determination that countervailable subsidies are being provided to 
producers and exporters of ammonium sulfate from the PRC and its 
affirmative final determination of sales at less than fair value 
(``LTFV'').\1\ On March 2, 2017, the ITC notified the Department of its 
final affirmative determination that an industry in the United States 
is materially injured by reason of LTFV imports and subsidized imports 
of ammonium sulfate from the PRC, within the meaning of sections 
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\
---------------------------------------------------------------------------

    \1\ See Ammonium Sulfate from the People's Republic of China: 
Final Affirmative Countervailing Duty Determination, 82 FR 4850 
(January 17, 2017) (``CVD Final Determination''); Ammonium Sulfate 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less Than Fair Value, 82 FR 8403 (January 25, 2017) 
(``AD Final Determination'').
    \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding antidumping and countervailing duty investigations 
concerning imports of ammonium sulfate from the People's Republic of 
China (Investigation Nos 701-TA-562 and 731-TA-1329), dated March 2, 
2017 (``ITC Letter'').
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these orders 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 these orders.
    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 these orders is not 
excluded when commingled (i.e., mixed or combined) with ammonium 
sulfate from sources not subject to these orders. Only the subject 
component of such commingled products is covered by the scope of these 
orders.
    The Chemical Abstracts Service (``CAS'') registry number for 
ammonium sulfate is 7783-20-2.
    The merchandise covered by these orders is currently classifiable 
under Harmonized Tariff Schedule of the

[[Page 13095]]

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 orders is 
dispositive.

Antidumping Duty Order

    In accordance with section 735(d) of the Act, the ITC has notified 
the Department of its final determination that an industry in the 
United States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act by reason of imports of ammonium sulfate 
that are sold in the United States at LTFV. Therefore, in accordance 
with section 735(c)(2) of the Act, we are publishing this antidumping 
duty order. Because the ITC determined that imports of ammonium sulfate 
from the PRC are materially injuring a U.S. industry, unliquidated 
entries of such merchandise from the PRC, entered or withdrawn from 
warehouse for consumption, are subject to the assessment of antidumping 
duties.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (``CBP'') to assess, 
upon further instruction by the Department, antidumping duties equal to 
the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of ammonium sulfate from the PRC. Antidumping duties 
will be assessed on unliquidated entries of ammonium sulfate from the 
PRC entered, or withdrawn from warehouse, for consumption on or after 
November 9, 2016, the date of publication of the AD Preliminary 
Determination.\3\
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation (AD)

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of subject 
merchandise from the PRC. These instructions suspending liquidation 
will remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amount indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determination, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the estimated weighted-average dumping margin listed below. The 
Department has made no adjustments to the antidumping cash deposit rate 
because the Department has made no findings in the countervailing duty 
investigation that any of the programs are export subsidies.\4\
---------------------------------------------------------------------------

    \4\ See AD Final Determination, 82 FR at 8404.
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Estimated Weighted-Average Antidumping Duty Margin

    The weighted-average antidumping duty margin is as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
PRC-Wide Entity.............................................      493.46
------------------------------------------------------------------------

Countervailing Duty Order

    In accordance with section 705(d) of the Act, the ITC notified the 
Department of its final determination that the industry in the United 
States producing ammonium sulfate is materially injured within the 
meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized 
imports of ammonium sulfate from the PRC.\5\ Therefore, in accordance 
with section 706(a) of the Act, we are publishing this countervailing 
duty order.
---------------------------------------------------------------------------

    \5\ See ITC Letter.
---------------------------------------------------------------------------

    As a result of the ITC's final determination, in accordance with 
section 706(a) of the Act, the Department will direct CBP to assess, 
upon further instruction by the Department, countervailing duties on 
unliquidated entries of ammonium sulfate entered, or withdrawn from 
warehouse, for consumption on or after November 2, 2016, the date of 
publication of the CVD Preliminary Determination.\6\
---------------------------------------------------------------------------

    \6\ See Countervailing Duty Investigation of Ammonium Sulfate 
from the People's Republic of China: Preliminary Affirmative 
Determination, 81 FR 76332 (November 2, 2016).
---------------------------------------------------------------------------

    However, section 703(d) of the Act states that the suspension of 
liquidation pursuant to a preliminary determination may not remain in 
effect for more than four months. Therefore, entries of ammonium 
sulfate made on or after March 2, 2017, and prior to the date of 
publication of the ITC's final determination in the Federal Register, 
are not liable for the assessment of countervailing duties, due to the 
Department's discontinuation, effective March 2, 2017, of the 
suspension of liquidation.

Suspension of Liquidation (CVD)

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute suspension of liquidation, effective on the 
date of publication of the ITC's notice of final determination in the 
Federal Register, and to assess, upon further instruction by the 
Department pursuant to section 706(a)(1) of the Act, countervailing 
duties for each entry of the subject merchandise in an amount based on 
the net countervailable subsidy rate for the subject merchandise. The 
Department will also direct CBP to require a cash deposit for each 
entry of subject merchandise in an amount equal to the net 
countervailable subsidy rates listed below. The All-Others rate applies 
to all producers and exporters of subject merchandise not specifically 
listed.

 
------------------------------------------------------------------------
                                                                Subsidy
                      Exporter/producer                          rate
                                                               (percent)
------------------------------------------------------------------------
Wuzhoufeng Agricultural Science & Technology Co. Ltd........      206.72
Yantai Jiahe Agriculture Means of Production Co. Ltd........      206.72
All-Others..................................................      206.72
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the AD and CVD orders with respect to 
ammonium sulfate from the PRC pursuant to sections 736(a) and 706(a) of 
the Act. Interested parties can find an updated list of orders 
currently in effect by either visiting http://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records 
Unit, Room B8024 of the main Commerce Building.
    These orders are published in accordance with sections 706(a), 
736(a), and 777(i) of the Act, and 19 CFR 351.211(b).

    Dated: March 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-04753 Filed 3-8-17; 8:45 am]
BILLING CODE 3510-DS-P