Sodium Gluconate, Gluconic Acid, and Derivative Products From the People's Republic of China: Initiation of Countervailing Duty Investigation, 499-503 [2017-28431]

Download as PDF 499 Notices Federal Register Vol. 83, No. 3 Thursday, January 4, 2018 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF COMMERCE International Trade Administration [C–570–072] Sodium Gluconate, Gluconic Acid, and Derivative Products From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable January 4, 2018. FOR FURTHER INFORMATION CONTACT: Jonathan Hill or 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) 482–3518 or (202) 482–2923, respectively. SUPPLEMENTARY INFORMATION: AGENCY: DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–58–2017] Foreign-Trade Zone (FTZ) 23—Erie County, New York; Authorization of Production Activity; Cummins, Inc., Subzone 23D (Diesel and Gas Engines), Lakewood and Jamestown, New York On August 28, 2017, the Erie County Industrial Development Agency, grantee of FTZ 23, submitted a notification of proposed production activity to the FTZ Board on behalf of Cummins, Inc., within Subzone 23D, in Lakewood and Jamestown, New York. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (82 FR 44557–44558, September 25, 2017). On December 26, 2017, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: December 28, 2017. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2017–28478 Filed 1–3–18; 8:45 am] ethrower on DSK3G9T082PROD with NOTICES BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:16 Jan 03, 2018 Jkt 244001 The Petition On November 30, 2017, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) Petition concerning imports of sodium gluconate, gluconic acid, and derivative product (GNA Products) from the People’s Republic of China (China), filed in proper form on behalf of PMP Fermentation Products, Inc. (the petitioner).1 The CVD Petition was accompanied by antidumping duty (AD) Petitions concerning imports of GNA Products from China and France. The petitioner is a domestic producer of GNA Products.2 On December 5, 2017, Commerce requested supplemental information pertaining to certain areas of the Petition.3 The petitioner filed responses to these requests on December 7, 2017, which included revised scope language.4 On December 14, 2017, 1 See Letter from petitioner to the Secretary of Commerce ‘‘Petition for Antidumping and Countervailing Duties: Sodium Gluconate, Gluconic Acid, and Derivative Products from the People’s Republic of China and France,’’ dated November 30, 2017 (Petition). 2 Id. Volume I of the Petition at 2. 3 See Letter from Robert Bolling, Program Manager, AD/CVD Operation, Office IV, Enforcement and Compliance ‘‘Petition for the Imposition of Countervailing Duties on Imports of Sodium Gluconate, Gluconic Acid and Derivative Products from the People’s Republic of China: Supplemental Questions,’’ dated December 5, 2017. 4 See Letter from petitioner to the Secretary of Commerce ‘‘Countervailing Duty Investigation of PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 Commerce had a conference call with the petitioner to discuss the scope of the investigation, and the petitioner filed revised scope language on December 15, 2017.5 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of GNA Products in China, and imports of such products are materially injuring, or threatening material injury to, the domestic GNA Products industry in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the CVD investigation that the petitioner is requesting.6 Period of Investigation Because the Petition was filed on November 30, 2017, the period of investigation is January 1, 2016 through December 31, 2016. Scope of the Investigation The products covered by this investigation are GNA Products from Sodium Gluconate, Gluconic Acid and Derivative Products from the People’s Republic of China: PMP’s Response to the Department’s Supplemental Questions on the Petition,’’ dated December 7, 2017 (General Issues and China CVD Response). 5 See Memorandum from Celeste Chen, International Trade Analyst, AD/CVD Operations, Office IV to The File ‘‘Antidumping and Countervailing Duty Petitions Covering Sodium Gluconate, Gluconic Acid, and Derivative Products from the People’s Republic of China and France: Telephone Conversation Regarding Scope Language,’’ dated December 14, 2017 (Phone Memorandum); see also letter from petitioner to the Secretary of Commerce ‘‘Sodium Gluconate, Gluconic Acid and Derivative Products from the People’s Republic of China and France: Petitioner’s Amendment to Volume I of Antidumping and Countervailing Duty Petition,’’ dated December 15, 2017 (Petitioner Scope Revision). 6 See ‘‘Determination of Industry Support for the Petition’’ section, below. E:\FR\FM\04JAN1.SGM 04JAN1 500 Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices be filed on the records of each of the concurrent AD and CVD investigations. China. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in the Appendix to this notice. Comments on Scope of the Investigation ethrower on DSK3G9T082PROD with NOTICES During our review of the Petition, Commerce issued questions to, and received responses from, the petitioner pertaining to the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.7 Commerce also held a conference call with the petitioner regarding the scope language.8 As a result of these exchanges, the scope of the Petition was modified to clarify the description of merchandise covered by the Petition.9 The description of the merchandise covered by this initiation, as described in the Appendix to this notice, reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).10 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information, all such factual information should be limited to public information.11 To facilitate preparation of its questionnaires, Commerce requests all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on January 9, 2018 (20 calendar days from the signature date of this notice). Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on January 19, 2018 (10 calendar days from the initial comments deadline).12 Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must 7 See General Issues and China CVD Response. Phone Memorandum. 9 See Petitioner Scope Revision. 10 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 11 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 12 See 19 CFR 351.303(b). 8 See VerDate Sep<11>2014 16:16 Jan 03, 2018 Jkt 244001 Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).13 An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified representatives of the GOC of the receipt of the CVD Petition, and provided them the opportunity for consultations with respect to the Petition.14 The GOC did not request a consultation. Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for 13 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/ Handbook%20on%20Electronic%20Filling%20 Procedures.pdf. 14 See Letter from Abdelali Elouaradia, Director, AD/CVD Operations, Office IV, Enforcement and Compliance to the Embassy of China ‘‘Countervailing Duties on Imports of Sodium Gluconate, Gluconic Acid and Derivative Products from the People’s Republic of China: Invitation for Consultations to Discuss the Countervailing Duty Petition,’’ dated December 8, 2017. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,15 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.16 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). Regarding the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that sodium gluconate, gluconic acid, and derivative products, as defined in the scope, constitute a single domestic like product and we have analyzed industry support in terms of that domestic like product.17 15 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 17 For a discussion of the domestic like product analysis, see Countervailing Duty Investigation Initiation Checklist: Sodium Gluconate, Gluconic Acid, and Derivative Products from the People’s Republic of China (China CVD Initiation Checklist) at Attachment II (Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions 16 See E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices ethrower on DSK3G9T082PROD with NOTICES In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in the Appendix of this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2016.18 The petitioner states that there are no other known producers of sodium gluconate, gluconic acid, and derivative products in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.19 Our review of the data provided in the Petition, the supplemental responses, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.20 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).21 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.22 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.23 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within Covering Sodium Gluconate, Gluconic Acid, and Derivative Products from the People’s Republic of China and France). The checklist is dated concurrently with, and hereby adopted by, this notice and on file electronically via ACCESS. Access to documents filed via ACCESS are also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. 18 See Volume I of the Petition, at 3 and Exhibits I–1A and I–1B. 19 Id. at 3 and Exhibits I–1A and I–1B; see also General Issues and China CVD Response. 20 See China CVD Initiation Checklist at Attachment II. 21 See section 702(c)(4)(D) of the Act; see also China CVD Initiation Checklist at Attachment II. 22 See China CVD Initiation Checklist at Attachment II. 23 Id. VerDate Sep<11>2014 16:16 Jan 03, 2018 Jkt 244001 the meaning of section 702(b)(1) of the Act. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting that Commerce initiate.24 Injury Test Because China is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from China materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.25 The petitioner contends that the industry’s injured condition is illustrated by a significant volume of subject imports, reduced market share, underselling and price depression or suppression, lost sales and revenues, and a negative impact on financial performance.26 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.27 Initiation of CVD Investigation Based on the examination of the Petition, we find that it meets the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether 501 imports of GNA Products from China benefit from countervailable subsidies conferred by the GOC. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Numerous amendments to the AD and CVD laws were made pursuant to the Trade Preferences Extension Act of 2015.28 The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this CVD investigation.29 Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 44 of the 49 alleged programs. For a full discussion of the basis for our decision to initiate on each program, see China CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Respondent Selection The petitioner named 82 companies as producers/exporters of GNA Products in China.30 Commerce intends to follow its standard practice in CVD investigations and calculate companyspecific subsidy rates in this investigation. In the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce’s resources, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of GNA Products from China during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ‘‘Scope of the Investigation,’’ in the Appendix. On December 11, 2017, Commerce released CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested 24 Id. 25 See Volume I of the Petition at 16 and Exhibit I–9; see also General Issues and China CVD Response. 26 See Volume I of the Petition at 13, 16–32, and Exhibits I–4 and I–9 through I–22. 27 See China CVD Initiation Checklist at Attachment III (Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Sodium Gluconate, Gluconic Acid, and Derivative Products from the People’s Republic of China and France). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 28 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). See also Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). The 2015 amendments may be found at https:// www.congress.gov/bill/114th-congress/house-bill/ 1295/text/pl. 29 See Applicability Notice, 80 FR at 46794–95. 30 See China CVD Response at Revised Exhibit I– 5. E:\FR\FM\04JAN1.SGM 04JAN1 502 Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation of this CVD investigation.31 Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Commerce’s website at https://enforcement.trade.gov/ apo. Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. We intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public version of the Petition has been provided to the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC ethrower on DSK3G9T082PROD with NOTICES The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of GNA Products from China are materially injuring, or threatening material injury to, a U.S. industry.32 A negative ITC determination will result in the investigation being terminated.33 Otherwise, this investigation will proceed according to statutory and regulatory time limits. 31 See Memorandum from Jonathan Hill, International Trade Compliance Analyst, AD/CVD Operations, Office IV, Enforcement and Compliance to Robert Bolling, Program Manager, AD/CVD Operations, Office IV, Enforcement and Compliance ‘‘Sodium Gluconate, Gluconic Acid, and Derivative Products from the People’s Republic of China Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,’’ dated December 11, 2017. 32 See section 703(a)(2) of the Act. 33 See section 703(a)(1) of the Act. VerDate Sep<11>2014 16:16 Jan 03, 2018 Jkt 244001 Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 34 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.35 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/ 34 See 35 See PO 00000 19 CFR 351.301(b). 19 CFR 351.301(b)(2). Frm 00004 Fmt 4703 Sfmt 4703 pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.36 Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated based on petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.37 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act and 19 CFR 351.203(c). Dated: December 20, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation The scope of this investigation covers all grades of sodium gluconate, gluconic acid, liquid gluconate, and glucono delta lactone (GDL) (collectively GNA Products), regardless of physical form (including, but not limited to substrates; solutions; dry granular form or powders, regardless of particle size; or as a slurry). The scope also includes GNA Products that have been blended or are in solution with other 36 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 37 See E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices product(s) where the resulting mix contains 35 percent or more of sodium gluconate, gluconic acid, liquid gluconate, and/or GDL by dry weight. Sodium gluconate has a molecular formula of NaC6H11O7. Sodium gluconate has a Chemical Abstract Service (CAS) registry number of 527–07–1, and can also be called ‘‘sodium salt of gluconic acid’’ and/or sodium 2, 3, 4, 5, 6 pentahydroxyhexanoate. Gluconic acid has a molecular formula of C6H12O7. Gluconic acid has a CAS registry number of 526–95–4, and can also be called 2, 3, 4, 5, 6 pentahydroxycaproic acid. Liquid gluconate is a blend consisting only of gluconic acid and sodium gluconate in an aqueous solution. Liquid gluconate has CAS registry numbers of 527–07–1, 526–95–4, and 7732–18–5, and can also be called 2, 3, 4, 5, 6-pentahydroxycaproic acid-hexanoate. GDL has a molecular formula of C6H10O6. GDL has a CAS registry number of 90–80–2, and can also be called d-glucono-1,5-lactone. The merchandise covered by the scope of this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 2918.16.1000, 2918.16.5010, and 2932.20.5020. Merchandise covered by the scope may also enter under HTSUS subheadings 2918.16.5050, 3824.99.2890, and 3824.99.9295. Although the HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. [FR Doc. 2017–28431 Filed 1–3–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–818] Certain Steel Nails From the Socialist Republic of Vietnam: Rescission of Antidumping Duty Administrative Review; 2016/2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on certain steel nails from the Socialist Republic of Vietnam, based on the timely withdrawal of all requests for review. The period of review (POR) is July 1, 2016, through June 30, 2017. DATES: Applicable January 4, 2018. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4475. SUPPLEMENTARY INFORMATION: ethrower on DSK3G9T082PROD with NOTICES AGENCY: VerDate Sep<11>2014 16:16 Jan 03, 2018 Jkt 244001 Background On July 3, 2017, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order 1 of certain steel nails from the Socialist Republic of Vietnam for the POR July 1, 2016, through June 30, 2017.2 On July 31, 2017, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), Commerce received a timely request for administrative review from Mid Continent Steel & Wire, Inc., the petitioner in this proceeding, covering the following producers or exporters: (1) Apex Holding Group Limited, (2) B.A.T. Logistics, (3) BAC AU Logistics Service and Trading, (4) C.H. Robinson, (5) CS Song Thuy, (6) FGS Logistics Co. Ltd., (7) Hecny Shipping Ltd., (8) Honour Lane Shipping Ltd., (9) M&T Export Trading Production, (10) Master International Logistics, (11) Orient Express Container Co., Ltd., (12) Rich State Inc., (13) Sanco Freight, (14) Seahorse Shipping Corporation, (15) Thao Cuong Co., Ltd., (16) Toan Nhat Viet Trading and Service, (17) Transworld Transportation Co., Ltd., (18) Truong Vinh Ltd., and (19) United Nail Products Co. Ltd.3 No other parties requested an administrative review. Pursuant to Mid Continent Steel & Wire, Inc.’s review request and in accordance with 19 CFR 351.221(c)(1)(i), on September 13, 2017, Commerce published in the Federal Register a notice of initiation of an administrative review covering each of the nineteen producers or exporters named by Mid Continent Steel & Wire, Inc. in its July 31, 2017 review request.4 On September 28, 2017, Mid Continent Steel & Wire, Inc. timely withdrew its administrative review request for each of the nineteen companies specified in its July 31, 2017 request.5 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 1 See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 82 FR 30833 (July 3, 2017). 3 See Mid Continent Steel & Wire, Inc. letter, ‘‘Certain Steel Nails from Vietnam: Request for Administrative Reviews,’’ dated July 31, 2017. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 42974 (September 13, 2017). 5 See Mid Continent Steel & Wire, Inc. letter, ‘‘Certain Steel Nails from Vietnam: Withdrawal of Request for Administrative Reviews’’ dated September 28, 2017. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 503 administrative review, in whole or in part, if the party, or parties, that requested a review withdraws the request/s within 90 days of the publication of the notice of initiation of the requested review. As noted above, Mid Continent Steel & Wire, Inc. withdrew its request for review by the 90-day deadline, and no other party requested an administrative review of this order. Therefore, in response to the timely withdrawal of the request for review, and in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the publication of this notice in the Federal Register. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding 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 or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 notice is published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Notices]
[Pages 499-503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28431]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-072]


Sodium Gluconate, Gluconic Acid, and Derivative Products From the 
People's Republic of China: Initiation of Countervailing Duty 
Investigation

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

DATES: Applicable January 4, 2018.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill or 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) 482-3518 or (202) 
482-2923, respectively.

SUPPLEMENTARY INFORMATION: 

The Petition

    On November 30, 2017, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) Petition concerning imports of 
sodium gluconate, gluconic acid, and derivative product (GNA Products) 
from the People's Republic of China (China), filed in proper form on 
behalf of PMP Fermentation Products, Inc. (the petitioner).\1\ The CVD 
Petition was accompanied by antidumping duty (AD) Petitions concerning 
imports of GNA Products from China and France. The petitioner is a 
domestic producer of GNA Products.\2\
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    \1\ See Letter from petitioner to the Secretary of Commerce 
``Petition for Antidumping and Countervailing Duties: Sodium 
Gluconate, Gluconic Acid, and Derivative Products from the People's 
Republic of China and France,'' dated November 30, 2017 (Petition).
    \2\ Id. Volume I of the Petition at 2.
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    On December 5, 2017, Commerce requested supplemental information 
pertaining to certain areas of the Petition.\3\ The petitioner filed 
responses to these requests on December 7, 2017, which included revised 
scope language.\4\ On December 14, 2017, Commerce had a conference call 
with the petitioner to discuss the scope of the investigation, and the 
petitioner filed revised scope language on December 15, 2017.\5\
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    \3\ See Letter from Robert Bolling, Program Manager, AD/CVD 
Operation, Office IV, Enforcement and Compliance ``Petition for the 
Imposition of Countervailing Duties on Imports of Sodium Gluconate, 
Gluconic Acid and Derivative Products from the People's Republic of 
China: Supplemental Questions,'' dated December 5, 2017.
    \4\ See Letter from petitioner to the Secretary of Commerce 
``Countervailing Duty Investigation of Sodium Gluconate, Gluconic 
Acid and Derivative Products from the People's Republic of China: 
PMP's Response to the Department's Supplemental Questions on the 
Petition,'' dated December 7, 2017 (General Issues and China CVD 
Response).
    \5\ See Memorandum from Celeste Chen, International Trade 
Analyst, AD/CVD Operations, Office IV to The File ``Antidumping and 
Countervailing Duty Petitions Covering Sodium Gluconate, Gluconic 
Acid, and Derivative Products from the People's Republic of China 
and France: Telephone Conversation Regarding Scope Language,'' dated 
December 14, 2017 (Phone Memorandum); see also letter from 
petitioner to the Secretary of Commerce ``Sodium Gluconate, Gluconic 
Acid and Derivative Products from the People's Republic of China and 
France: Petitioner's Amendment to Volume I of Antidumping and 
Countervailing Duty Petition,'' dated December 15, 2017 (Petitioner 
Scope Revision).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of GNA Products in 
China, and imports of such products are materially injuring, or 
threatening material injury to, the domestic GNA Products industry in 
the United States. Consistent with section 702(b)(1) of the Act and 19 
CFR 351.202(b), for those alleged programs on which we are initiating a 
CVD investigation, the Petition is accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the CVD investigation that the petitioner is 
requesting.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
section, below.
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Period of Investigation

    Because the Petition was filed on November 30, 2017, the period of 
investigation is January 1, 2016 through December 31, 2016.

Scope of the Investigation

    The products covered by this investigation are GNA Products from

[[Page 500]]

China. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation,'' in the Appendix to this notice.

Comments on Scope of the Investigation

    During our review of the Petition, Commerce issued questions to, 
and received responses from, the petitioner pertaining to the proposed 
scope to ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ Commerce also held a conference call with the petitioner 
regarding the scope language.\8\ As a result of these exchanges, the 
scope of the Petition was modified to clarify the description of 
merchandise covered by the Petition.\9\ The description of the 
merchandise covered by this initiation, as described in the Appendix to 
this notice, reflects these clarifications.
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    \7\ See General Issues and China CVD Response.
    \8\ See Phone Memorandum.
    \9\ See Petitioner Scope Revision.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\10\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\11\ To 
facilitate preparation of its questionnaires, Commerce requests all 
interested parties submit such comments by 5:00 p.m. Eastern Time (ET) 
on January 9, 2018 (20 calendar days from the signature date of this 
notice). Any rebuttal comments, which may include factual information, 
must be filed by 5:00 p.m. ET on January 19, 2018 (10 calendar days 
from the initial comments deadline).\12\
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    \10\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \12\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigation be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the records of each of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\13\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified representatives of the GOC of the receipt of the CVD Petition, 
and provided them the opportunity for consultations with respect to the 
Petition.\14\ The GOC did not request a consultation.
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    \14\ See Letter from Abdelali Elouaradia, Director, AD/CVD 
Operations, Office IV, Enforcement and Compliance to the Embassy of 
China ``Countervailing Duties on Imports of Sodium Gluconate, 
Gluconic Acid and Derivative Products from the People's Republic of 
China: Invitation for Consultations to Discuss the Countervailing 
Duty Petition,'' dated December 8, 2017.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\15\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\16\
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    \15\ See section 771(10) of the Act.
    \16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    Regarding the domestic like product, the petitioner does not offer 
a definition of the domestic like product distinct from the scope of 
the investigation. Based on our analysis of the information submitted 
on the record, we have determined that sodium gluconate, gluconic acid, 
and derivative products, as defined in the scope, constitute a single 
domestic like product and we have analyzed industry support in terms of 
that domestic like product.\17\
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    \17\ For a discussion of the domestic like product analysis, see 
Countervailing Duty Investigation Initiation Checklist: Sodium 
Gluconate, Gluconic Acid, and Derivative Products from the People's 
Republic of China (China CVD Initiation Checklist) at Attachment II 
(Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Sodium Gluconate, Gluconic Acid, and 
Derivative Products from the People's Republic of China and France). 
The checklist is dated concurrently with, and hereby adopted by, 
this notice and on file electronically via ACCESS. Access to 
documents filed via ACCESS are also available in the Central Records 
Unit, Room B8024 of the main Department of Commerce building.

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[[Page 501]]

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix of 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2016.\18\ The petitioner 
states that there are no other known producers of sodium gluconate, 
gluconic acid, and derivative products in the United States; therefore, 
the Petition is supported by 100 percent of the U.S. industry.\19\
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    \18\ See Volume I of the Petition, at 3 and Exhibits I-1A and I-
1B.
    \19\ Id. at 3 and Exhibits I-1A and I-1B; see also General 
Issues and China CVD Response.
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    Our review of the data provided in the Petition, the supplemental 
responses, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\20\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\23\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.
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    \20\ See China CVD Initiation Checklist at Attachment II.
    \21\ See section 702(c)(4)(D) of the Act; see also China CVD 
Initiation Checklist at Attachment II.
    \22\ See China CVD Initiation Checklist at Attachment II.
    \23\ Id.
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    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because it is an interested party as defined in 
section 771(9)(C) of the Act and it has demonstrated sufficient 
industry support with respect to the CVD investigation that it is 
requesting that Commerce initiate.\24\
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    \24\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\25\
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    \25\ See Volume I of the Petition at 16 and Exhibit I-9; see 
also General Issues and China CVD Response.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant volume of subject imports, reduced market 
share, underselling and price depression or suppression, lost sales and 
revenues, and a negative impact on financial performance.\26\ We have 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, and causation, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\27\
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    \26\ See Volume I of the Petition at 13, 16-32, and Exhibits I-4 
and I-9 through I-22.
    \27\ See China CVD Initiation Checklist at Attachment III 
(Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Sodium Gluconate, Gluconic Acid, and Derivative Products 
from the People's Republic of China and France).
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Initiation of CVD Investigation

    Based on the examination of the Petition, we find that it meets the 
requirements of section 702 of the Act. Therefore, we are initiating a 
CVD investigation to determine whether imports of GNA Products from 
China benefit from countervailable subsidies conferred by the GOC. In 
accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), 
unless postponed, we will make our preliminary determination no later 
than 65 days after the date of this initiation.
    Numerous amendments to the AD and CVD laws were made pursuant to 
the Trade Preferences Extension Act of 2015.\28\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to this CVD 
investigation.\29\
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    \28\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015). See also Dates of Application of 
Amendments to the Antidumping and Countervailing Duty Laws Made by 
the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 
2015) (Applicability Notice). The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \29\ See Applicability Notice, 80 FR at 46794-95.
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    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 44 of the 49 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see China CVD Initiation Checklist. A 
public version of the initiation checklist for this investigation is 
available on ACCESS.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    The petitioner named 82 companies as producers/exporters of GNA 
Products in China.\30\ Commerce intends to follow its standard practice 
in CVD investigations and calculate company-specific subsidy rates in 
this investigation. In the event Commerce determines that the number of 
companies is large and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports of GNA Products from China 
during the POI under the appropriate Harmonized Tariff Schedule of the 
United States numbers listed in the ``Scope of the Investigation,'' in 
the Appendix.
---------------------------------------------------------------------------

    \30\ See China CVD Response at Revised Exhibit I-5.
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    On December 11, 2017, Commerce released CBP data under 
Administrative Protective Order (APO) to all parties with access to 
information protected by APO and indicated that interested

[[Page 502]]

parties wishing to comment regarding the CBP data and respondent 
selection must do so within three business days of the publication date 
of the notice of initiation of this CVD investigation.\31\ Commerce 
will not accept rebuttal comments regarding the CBP data or respondent 
selection.
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    \31\ See Memorandum from Jonathan Hill, International Trade 
Compliance Analyst, AD/CVD Operations, Office IV, Enforcement and 
Compliance to Robert Bolling, Program Manager, AD/CVD Operations, 
Office IV, Enforcement and Compliance ``Sodium Gluconate, Gluconic 
Acid, and Derivative Products from the People's Republic of China 
Countervailing Duty Petition: Release of Customs Data from U.S. 
Customs and Border Protection,'' dated December 11, 2017.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on the Commerce's website at https://enforcement.trade.gov/apo.
    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
We intend to finalize our decisions regarding respondent selection 
within 20 days of publication of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of GNA Products from China are materially 
injuring, or threatening material injury to, a U.S. industry.\32\ A 
negative ITC determination will result in the investigation being 
terminated.\33\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
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    \32\ See section 703(a)(2) of the Act.
    \33\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\34\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\35\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in this 
investigation.
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    \34\ See 19 CFR 351.301(b).
    \35\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Parties should review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\36\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated based on petitions filed on 
or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\37\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \36\ See section 782(b) of the Act.
    \37\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act and 19 CFR 351.203(c).

    Dated: December 20, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The scope of this investigation covers all grades of sodium 
gluconate, gluconic acid, liquid gluconate, and glucono delta 
lactone (GDL) (collectively GNA Products), regardless of physical 
form (including, but not limited to substrates; solutions; dry 
granular form or powders, regardless of particle size; or as a 
slurry). The scope also includes GNA Products that have been blended 
or are in solution with other

[[Page 503]]

product(s) where the resulting mix contains 35 percent or more of 
sodium gluconate, gluconic acid, liquid gluconate, and/or GDL by dry 
weight.
    Sodium gluconate has a molecular formula of 
NaC6H11O7. Sodium gluconate has a 
Chemical Abstract Service (CAS) registry number of 527-07-1, and can 
also be called ``sodium salt of gluconic acid'' and/or sodium 2, 3, 
4, 5, 6 pentahydroxyhexanoate. Gluconic acid has a molecular formula 
of C6H12O7. Gluconic acid has a CAS 
registry number of 526-95-4, and can also be called 2, 3, 4, 5, 6 
pentahydroxycaproic acid. Liquid gluconate is a blend consisting 
only of gluconic acid and sodium gluconate in an aqueous solution. 
Liquid gluconate has CAS registry numbers of 527-07-1, 526-95-4, and 
7732-18-5, and can also be called 2, 3, 4, 5, 6-pentahydroxycaproic 
acid-hexanoate. GDL has a molecular formula of 
C6H10O6. GDL has a CAS registry 
number of 90-80-2, and can also be called d-glucono-1,5-lactone.
    The merchandise covered by the scope of this investigation is 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) under subheadings 2918.16.1000, 2918.16.5010, and 
2932.20.5020. Merchandise covered by the scope may also enter under 
HTSUS subheadings 2918.16.5050, 3824.99.2890, and 3824.99.9295. 
Although the HTSUS subheadings and CAS registry numbers are provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

[FR Doc. 2017-28431 Filed 1-3-18; 8:45 am]
BILLING CODE 3510-DS-P

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