Ceramic Tile From the People's Republic of China: Final Affirmative Countervailing Duty Determination, and Final Negative Critical Circumstances Determination, 19440-19443 [2020-07189]
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19440
Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
19 CFR 351.218(d)(3)(i).4 We received
no substantive responses from any other
interested parties, nor was a hearing
requested. On December 23, 2019,
Commerce notified the U.S.
International Trade Commission (ITC)
that it did not receive an adequate
substantive response from respondent
interested parties.5 As a result, pursuant
to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of this Order.
Scope of the Order
The product covered by this order is
calcium hypochlorite, regardless of form
(e.g., powder, tablet (compressed),
crystalline (granular), or in liquid
solution), whether or not blended with
other materials, containing at least 10
percent available chlorine measured by
actual weight. The scope also includes
bleaching powder and hemibasic
calcium hypochlorite.
Calcium hypochlorite has the general
chemical formulation Ca(OCl)2, but may
also be sold in a more dilute form as
bleaching powder with the chemical
formulation,
Ca(OCl)2.CaCl2.Ca(OH)2.2H2O or
hemibasic calcium hypochlorite with
the chemical formula of
2Ca(OCl)2.Ca(OH)2 or
Ca(OCl)2.0.5Ca(OH)2. Calcium
hypochlorite has a Chemical Abstract
Service (CAS) registry number of 7778–
54–3, and a U.S. Environmental
Protection Agency (EPA) Pesticide Code
(PC) Number of 014701. The subject
calcium hypochlorite has an
International Maritime Dangerous
Goods (IMDG) code of Class 5.1 UN
1748, 2880, or 2208 or Class 5.1/8 UN
3485, 3486, or 3487.
Calcium hypochlorite is currently
classifiable under the subheading
2828.10.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The subheading covers commercial
calcium hypochlorite and other calcium
hypochlorite. When tableted or blended
with other materials, calcium
hypochlorite may be entered under
other tariff classifications, such as
3808.94.5000 and 3808.99.9500, which
cover disinfectants and similar
products. While the HTSUS
subheadings, the CAS registry number,
the U.S. EPA PC number, and the IMDG
codes are provided for convenience and
customs purposes, the written
description of the scope of this order is
dispositive.
4 See
IWC’s Letter, ‘‘Substantive Response to
Notice of Initiation,’’ dated January 2, 2020.
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on December 2, 2019,’’ dated December 23,
2019.
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Analysis of Comments Received
All issues raised in this review,
including the likelihood of continuation
or recurrence of dumping in the event
of revocation and the magnitude of the
margins likely to prevail if the order
were revoked, are addressed in the
accompanying Issues and Decision
Memorandum. A list of topics discussed
in the Issues and Decision
Memorandum is included as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the
antidumping duty order on calcium
hypochlorite from China would likely
lead to continuation or recurrence of
dumping and that the magnitude of the
margins is up to 210.52 percent.6
Administrative Protective Order (APO)
This notice serves as the only
reminder to interested parties subject to
an APO of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with 19 CFR
351.305. Timely notification of 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.
Notification to Interested Parties
We are issuing and publishing these
final results and notice in accordance
with sections 751(c), 752(c), and
777(i)(1) of the Act and 19 CFR 351.218.
Note that Commerce has temporarily
modified certain of its requirements for
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Review of the Antidumping Duty Order
on Calcium Hypochlorite from the People’s
Republic of China,’’ dated concurrently with this
notice.
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serving documents containing business
proprietary information, until May 19,
2020, unless extended.7
Dated: March 31, 2020.
Jeffrey I. Kessler,
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. 2020–07298 Filed 4–6–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–109]
Ceramic Tile From the People’s
Republic of China: Final Affirmative
Countervailing Duty Determination,
and Final Negative Critical
Circumstances Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
ceramic tile from the People’s Republic
of China (China).
DATES: Applicable April 7, 2020.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas, Moses Song, or John
McGowan, 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) 482–3813,
(202) 482–7885, or (202) 482–3019,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 12, 2019, Commerce
published the Preliminary
Determination of this investigation.1
7 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020).
1 See Ceramic Tile from the People’s Republic of
China: Preliminary Affirmative Countervailing Duty
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Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices
The petitioner is The Coalition for Fair
Trade in Ceramic Tile. The mandatory
respondents in this investigation are
Temgoo International Trading Limited
(Temgoo) and Foshan Sanfi Import &
Export Co., Ltd. (Foshan Sanfi). In the
Preliminary Determination, Commerce
aligned the final determination in this
countervailing duty (CVD) investigation
with the final determination in the
companion less-than-fair-value (LTFV)
investigation, in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(b)(4).
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, are
discussed in the Issues and Decision
Memorandum.2 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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Period of Investigation
The period of investigation (POI) is
from January 1, 2018 through December
31, 2018.
Scope of the Investigation
The product covered by this
investigation covers ceramic tile from
China. For a complete description of the
scope of this investigation, see
Appendix I.
khammond on DSKJM1Z7X2PROD with NOTICES
Scope Comments
During the course of this investigation
and the concurrent LTFV investigation
of ceramic tile from China, Commerce
received scope comments from
interested parties. On September 6,
Investigation, Preliminary Negative Critical
Circumstances Determination, and Alignment of
Final Determination with Final Antidumping Duty
Determination, 84 FR 48125 (September 12, 2019)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision for the
Final Determination in the Countervailing Duty
Investigation of Ceramic Tile from the People’s
Republic of China,’’ dated concurrently, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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2019, Commerce issued a Preliminary
Scope Decision Memorandum.3 Several
interested parties submitted case and
rebuttal briefs concerning the scope of
this investigation. For a summary of the
product coverage comments and
rebuttal comments submitted to the
record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Decision Memorandum.4
Based on the comments received,
Commerce is not modifying the scope
language as it appeared in the
Preliminary Determination. The scope
in Appendix I remains unchanged from
that which appeared in the Preliminary
Determination.
Analysis of Subsidy Programs and
Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation, other than those issues
related to scope, are discussed in the
Issues and Decision Memorandum. A
list of the issues raised by parties and
responded to by Commerce in the Issues
and Decision Memorandum, is attached
at Appendix II.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.5
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.6 For
description of the methodology
3 See Memorandum, ‘‘Ceramic Tile from the
People’s Republic of China Decision Memorandum
for the Preliminary Determinations,’’ dated
September 6, 2019 (Preliminary Scope Decision
Memorandum).
4 See Memorandum, ‘‘Ceramic Tile from the
People’s Republic of China: Scope Decision
Memorandum for the Final Determinations, dated
concurrently with this notice (Final Scope Decision
Memorandum).
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
6 See Memorandum, ‘‘Ceramic Tile from the
People’s Republic of China Decision Memorandum
for the Final Determination, dated concurrently
with this notice (Final Scope Decision
Memorandum).
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19441
underlying our final determination, see
the Issues and Decision Memorandum.
Adverse Facts Available (AFA)
Commerce relied on ‘‘facts otherwise
available,’’ including adverse facts
available (AFA), for several findings in
the Preliminary Determination. For this
final determination, we are basing the
CVD rates for Temgoo and Foshan Sanfi
on facts otherwise available, with an
adverse inference, pursuant to sections
776(a) and (b) of the Act. For a full
discussion of our application of AFA,
see the Issues and Decision
Memorandum.
Final Negative Determination of
Critical Circumstances
In the Preliminary Determination,
Commerce determined, pursuant to
section 703(e)(1) of the Act, that
information provided in the critical
circumstances allegation does not
demonstrate the existence of critical
circumstances with respect to imports of
ceramic tile from China. For this final
determination, we continue to find that
critical circumstances do not exist with
respect to imports of ceramic tile from
China. For a full description of the
methodology and results of Commerce’s
analysis, see the Issues and Decision
Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received from parties, we
made certain changes to the
respondents’ subsidy rate calculations
set forth in the Preliminary
Determination. For a discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
In accordance with section
705(c)(5)(A) of the Act, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. Generally, under section
705(c)(5)(A)(i) of the Act, this rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
zero and de minimis rates and any rates
based entirely on AFA under section
776 of the Act. However, section
705(c)(5)(A)(ii) of the Act provides that,
where all countervailable subsidy rates
established for the mandatory
respondents are zero, de minimis, or
based entirely on facts available,
Commerce may use ‘‘any reasonable
method’’ for assigning an all-others rate,
including ‘‘averaging the estimated
average countervailable subsidy rates
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19442
Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices
determined for the exporters and
producers individually investigated.’’ In
this investigation, all rates for the
individually investigated respondents
are based entirely on facts available,
pursuant to section 776 of the Act. We
are relying on a simple average of the
total AFA rates assigned to Temgoo and
Foshan Sanfi as the all-others rate in
this final determination, consistent with
the statutory provision to rely on ‘‘any
reasonable method.’’
Final Determination
a result of the suspension of liquidation
will be refunded or canceled.
information, until May 19, 2020, unless
extended.8
Disclosure
Dated: March 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
We intend to disclose the calculations
performed to parties in this proceeding
within five days of its public
announcement, or if there is no public
announcement, within five days of the
date of this notice, in accordance with
19 CFR 351.224(b).
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
final affirmative determination that
countervailable subsidies are being
provided to producers and exporters of
ceramic tile from China. As Commerce’s
final determination is affirmative, in
Subsidy rate
Company
accordance with section 705(b) of the
(percent)
Act, the ITC will determine, within 45
Temgoo International Traddays, whether the domestic industry in
ing Limited .........................
358.81 the United States is materially injured,
Sanfi Imp & Exp Co., Ltd 7 ...
358.81 or threatened with material injury, by
All Others ..............................
358.81
reason of imports of ceramic tile from
China, or sales (or the likelihood of
Continuation of Suspension of
sales) for importation of ceramic tile
Liquidation
from China. In addition, we are making
available to the ITC all non-privileged
As a result of our Preliminary
Determination, and pursuant to sections and nonproprietary information related
to this investigation. We will allow the
703(d)(1)(B) and (d)(2) of the Act, we
ITC access to all privileged and business
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation proprietary information in our files,
provided the ITC confirms that it will
of all entries of merchandise under
not disclose such information, either
consideration from China that were
publicly or under an administrative
entered or withdrawn from warehouse,
protective order (APO), without the
for consumption, on or after September
written consent of the Assistant
17, 2019, the date of publication of the
Secretary for Enforcement and
Preliminary Determination in the
Compliance.
Federal Register. In accordance with
section 703(d) of the Act, we instructed
Notification Regarding APO
CBP to discontinue the suspension of
liquidation for CVD purposes for subject
In the event that the ITC issues a final
merchandise entered, or withdrawn
negative injury determination, this
from warehouse, on or after January 10,
notice will serve as the only reminder
2020, but continue the suspension of
to parties subject to the APO of their
liquidation of all entries from
responsibility concerning the
September 17 through January 9, 2020.
destruction of proprietary information
If the U.S. International Trade
disclosed under APO in accordance
Commission (ITC) issues a final
with 19 CFR 351.305(a)(3). Timely
affirmative injury determination, we
written notification of the return/
will issue a CVD order, reinstate the
destruction of APO materials or
suspension of liquidation under section conversion to judicial protective order is
706(a) of the Act, and require a cash
hereby requested. Failure to comply
deposit of estimated countervailing
with the regulations and terms of an
duties for such entries of subject
APO is a violation which is subject to
merchandise in the amounts indicated
sanction.
above. If the ITC determines that
Notification to Interested Parties
material injury, or threat of material
injury, does not exist, this proceeding
This determination is issued and
will be terminated, and all estimated
published in accordance with sections
duties deposited or securities posted as
705(d) and 777(i) of the Act and 19 CFR
351.210(c). Note that Commerce has
7 Commerce assigned Sanfi’s rate to each of the
temporarily modified certain of its
entities for which Sanfi provided an initial
requirements for serving documents
questionnaire response: Guangdong Sanfi Ceramics
containing business proprietary
Group Co., Ltd.
khammond on DSKJM1Z7X2PROD with NOTICES
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we
established individual estimated
countervailable subsidy rates, as
follows:
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Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is ceramic flooring tile, wall
tile, paving tile, hearth tile, porcelain tile,
mosaic tile, flags, finishing tile, and the like
(hereinafter ceramic tile). Ceramic tiles are
articles containing a mixture of minerals
including clay (generally hydrous silicates of
alumina or magnesium) that are fired so the
raw materials are fused to produce a finished
good that is less than 3.2 cm in actual
thickness. All ceramic tile is subject to the
scope regardless of end use, surface area, and
weight, regardless of whether the tile is
glazed or unglazed, regardless of the water
absorption coefficient by weight, regardless
of the extent of vitrification, and regardless
of whether or not the tile is on a backing.
Subject merchandise includes ceramic tile
with decorative features that may in spots
exceed 3.2 cm in thickness and includes
ceramic tile ‘‘slabs’’ or ‘‘panels’’ (tiles that are
larger than 1 meter2 (11 ft.2)).
Subject merchandise includes ceramic tile
that undergoes minor processing in a third
country prior to importation into the United
States. Similarly, subject merchandise
includes ceramic tile produced that
undergoes minor processing after importation
into the United States. Such minor
processing includes, but is not limited to, one
or more of the following: Beveling, cutting,
trimming, staining, painting, polishing,
finishing, additional firing, or any other
processing that would otherwise not remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the in-scope product.
Subject merchandise is currently classified
in the Harmonized Tariff Schedule of the
United States (HTSUS) under the following
subheadings of heading 6907: 6907.21.1005,
6907.21.1011, 6907.21.1051, 6907.21.2000,
6907.21.3000, 6907.21.4000, 6907.21.9011,
6907.21.9051, 6907.22.1005, 6907.22.1011,
6907.22.1051, 6907.22.2000, 6907.22.3000,
6907.22.4000, 6907.22.9011, 6907.22.9051,
6907.23.1005, 6907.23.1011, 6907.23.1051,
6907.23.2000, 6907.23.3000, 6907.23.4000,
6907.23.9011, 6907.23.9051, 6907.30.1005,
6907.30.1011, 6907.30.1051, 6907.30.2000,
6907.30.3000, 6907.30.4000, 6907.30.9011,
6907.30.9051, 6907.40.1005, 6907.40.1011,
6907.40.1051, 6907.40.2000, 6907.40.3000,
6907.40.4000, 6907.40.9011, and
6907.40.9051. Subject merchandise may also
enter under subheadings of headings 6914
and 6905: 6914.10.8000, 6914.90.8000,
6905.10.0000, and 6905.90.0050. The HTSUS
subheadings are provided for convenience
and customs purposes only. The written
description of the scope of this investigation
is dispositive.
8 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020).
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Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Critical Circumstances
VI. Subsidies Valuation
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Discussion of Issues
Comment 1: Application of AFA to Sanfi
and Temgoo and Calculation of the AllOthers Rate
Comment 2: Whether Commerce’s
Calculation of the AFA Rate in
Unreasonable
Comment 3: Selection of AFA Rates for
Subsidy Programs
Comment 4: Preliminary Scope
Determination
X. Recommendation
[FR Doc. 2020–07189 Filed 4–6–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–009]
Calcium Hypochlorite From the
People’s Republic of China: Final
Results of the Expedited First Sunset
Review of the Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that revocation of the
countervailing duty (CVD) order would
be likely to lead to the continuation or
recurrence of a countervailable subsidy
at the levels indicated in the ‘‘Final
Results of Review’’ section of this
notice.
DATES: Applicable April 7, 2020.
FOR FURTHER INFORMATION CONTACT:
Rachel Greenberg, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0652.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On January 30, 2015, Commerce
published in the Federal Register the
CVD order on calcium hypochlorite
from the People’s Republic of China
(China).1 On December 2, 2019,
1 See Calcium Hypochlorite from the People’s
Republic of China: Countervailing Duty Order, 80
FR 5082 (January 30, 2015).
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Commerce published the notice of
initiation of the first sunset review of
the CVD order on calcium hypochlorite
from China, pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(the Act).2 On January 2, 2019,
Commerce received a timely filed notice
of intent to participate from Innovative
Water Care, LLC dba Sigura (IWC)
within the deadline specified in 19 CFR
351.218(d)(1)(i).3 IWC claimed
interested party status under section
771(9)(C) of the Act, as a manufacturer
of a domestic like product in the United
States.
Commerce received an adequate
substantive response to the notice of
initiation from IWC within the 30-day
deadline specified in 19 CFR
351.218(d)(3)(i).4 We received no
substantive responses from any other
interested parties, including the
Government of China, nor was a hearing
requested. On December 23, 2019,
Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.5 As a result, pursuant to
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(B)–(C), Commerce
conducted an expedited (120-day)
sunset review of the CVD order on
calcium hypochlorite from China.
Scope of the Order
The product covered by this order is
calcium hypochlorite, regardless of form
(e.g., powder, tablet (compressed),
crystalline (granular), or in liquid
solution), whether or not blended with
other materials, containing at least 10
percent available chlorine measured by
actual weight. The scope also includes
bleaching powder and hemibasic
calcium hypochlorite.
Calcium hypochlorite has the general
chemical formulation Ca(OCl)2, but may
also be sold in a more dilute form as
bleaching powder with the chemical
formulation,
Ca(OCl)2.CaCl2.Ca(OH)2.2H2O or
hemibasic calcium hypochlorite with
the chemical formula of
2Ca(OCl)2.Ca(OH)2 or
Ca(OCl)2.0.5Ca(OH)2. Calcium
hypochlorite has a Chemical Abstract
2 See Initiation of Five-Year (Sunset) Reviews, 84
FR 65968 (December 2, 2019).
3 See IWC’s Letter, ‘‘Countervailing Duty Order on
Calcium Hypochlorite from the People’s Republic of
China: Notice of Intent to Participate,’’ December
17, 2019.
4 See IWC’s Letter, ‘‘Countervailing Duty Order on
Calcium Hypochlorite from the People’s Republic of
China: Substantive Response to Notice of
Initiation,’’ dated January 2, 2020.
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on December 2, 2019,’’ dated December 23,
2019.
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19443
Service (CAS) registry number of 7778–
54–3, and a U.S. Environmental
Protection Agency (EPA) Pesticide Code
(PC) Number of 014701. The subject
calcium hypochlorite has an
International Maritime Dangerous
Goods (IMDG) code of Class 5.1 UN
1748, 2880, or 2208 or Class 5.1/8 UN
3485, 3486, or 3487.
Calcium hypochlorite is currently
classifiable under the subheading
2828.10.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The subheading covers commercial
calcium hypochlorite and other calcium
hypochlorite. When tableted or blended
with other materials, calcium
hypochlorite may be entered under
other tariff classifications, such as
3808.94.5000 and 3808.99.9500, which
cover disinfectants and similar
products. While the HTSUS
subheadings, the CAS registry number,
the U.S. EPA PC number, and the IMDG
codes are provided for convenience and
customs purposes, the written
description of the scope of this order is
dispositive.
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum,6 which is hereby
adopted by this notice. The issues
discussed in the Issues and Decision
Memorandum are the likelihood of
continuation or recurrence of a
countervailable subsidy and the net
countervailable subsidy likely to prevail
if the order were revoked. 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 in the
Central Records Unit, Room B8024 of
the main Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and
Decision Memorandum are identical in
content.
Final Results of Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the CVD order on
calcium hypochlorite from China would
6 See Memorandum ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Review of the Countervailing Duty
Order on Calcium Hypochlorite from the People’s
Republic of China,’’ dated concurrently with this
notice (Issues and Decision Memorandum).
E:\FR\FM\07APN1.SGM
07APN1
]]>Agencies
[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19440-19443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07189]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-109]
Ceramic Tile From the People's Republic of China: Final
Affirmative Countervailing Duty Determination, and Final Negative
Critical Circumstances Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of ceramic tile from the People's Republic of China (China).
DATES: Applicable April 7, 2020.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, Moses Song, or John
McGowan, 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-
3813, (202) 482-7885, or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 12, 2019, Commerce published the Preliminary
Determination of this investigation.\1\
[[Page 19441]]
The petitioner is The Coalition for Fair Trade in Ceramic Tile. The
mandatory respondents in this investigation are Temgoo International
Trading Limited (Temgoo) and Foshan Sanfi Import & Export Co., Ltd.
(Foshan Sanfi). In the Preliminary Determination, Commerce aligned the
final determination in this countervailing duty (CVD) investigation
with the final determination in the companion less-than-fair-value
(LTFV) investigation, in accordance with section 705(a)(1) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4).
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\1\ See Ceramic Tile from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Investigation,
Preliminary Negative Critical Circumstances Determination, and
Alignment of Final Determination with Final Antidumping Duty
Determination, 84 FR 48125 (September 12, 2019) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, are discussed in the
Issues and Decision Memorandum.\2\ 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 is available to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Issues and Decision for the Final
Determination in the Countervailing Duty Investigation of Ceramic
Tile from the People's Republic of China,'' dated concurrently, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Period of Investigation
The period of investigation (POI) is from January 1, 2018 through
December 31, 2018.
Scope of the Investigation
The product covered by this investigation covers ceramic tile from
China. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
During the course of this investigation and the concurrent LTFV
investigation of ceramic tile from China, Commerce received scope
comments from interested parties. On September 6, 2019, Commerce issued
a Preliminary Scope Decision Memorandum.\3\ Several interested parties
submitted case and rebuttal briefs concerning the scope of this
investigation. For a summary of the product coverage comments and
rebuttal comments submitted to the record for this final determination,
and accompanying discussion and analysis of all comments timely
received, see the Final Scope Decision Memorandum.\4\ Based on the
comments received, Commerce is not modifying the scope language as it
appeared in the Preliminary Determination. The scope in Appendix I
remains unchanged from that which appeared in the Preliminary
Determination.
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\3\ See Memorandum, ``Ceramic Tile from the People's Republic of
China Decision Memorandum for the Preliminary Determinations,''
dated September 6, 2019 (Preliminary Scope Decision Memorandum).
\4\ See Memorandum, ``Ceramic Tile from the People's Republic of
China: Scope Decision Memorandum for the Final Determinations, dated
concurrently with this notice (Final Scope Decision Memorandum).
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Analysis of Subsidy Programs and Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation, other than those issues related to scope, are
discussed in the Issues and Decision Memorandum. A list of the issues
raised by parties and responded to by Commerce in the Issues and
Decision Memorandum, is attached at Appendix II.
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\5\ Commerce notes that, in making these findings, it relied,
in part, on facts available and, because it finds that one or more
respondents did not act to the best of their ability to respond to
Commerce's requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\6\
For description of the methodology underlying our final determination,
see the Issues and Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\6\ See Memorandum, ``Ceramic Tile from the People's Republic of
China Decision Memorandum for the Final Determination, dated
concurrently with this notice (Final Scope Decision Memorandum).
---------------------------------------------------------------------------
Adverse Facts Available (AFA)
Commerce relied on ``facts otherwise available,'' including adverse
facts available (AFA), for several findings in the Preliminary
Determination. For this final determination, we are basing the CVD
rates for Temgoo and Foshan Sanfi on facts otherwise available, with an
adverse inference, pursuant to sections 776(a) and (b) of the Act. For
a full discussion of our application of AFA, see the Issues and
Decision Memorandum.
Final Negative Determination of Critical Circumstances
In the Preliminary Determination, Commerce determined, pursuant to
section 703(e)(1) of the Act, that information provided in the critical
circumstances allegation does not demonstrate the existence of critical
circumstances with respect to imports of ceramic tile from China. For
this final determination, we continue to find that critical
circumstances do not exist with respect to imports of ceramic tile from
China. For a full description of the methodology and results of
Commerce's analysis, see the Issues and Decision Memorandum.
Changes Since the Preliminary Determination
Based on our analysis of the comments received from parties, we
made certain changes to the respondents' subsidy rate calculations set
forth in the Preliminary Determination. For a discussion of these
changes, see the Issues and Decision Memorandum.
All-Others Rate
In accordance with section 705(c)(5)(A) of the Act, Commerce shall
determine an estimated all-others rate for companies not individually
examined. Generally, under section 705(c)(5)(A)(i) of the Act, this
rate shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely on
AFA under section 776 of the Act. However, section 705(c)(5)(A)(ii) of
the Act provides that, where all countervailable subsidy rates
established for the mandatory respondents are zero, de minimis, or
based entirely on facts available, Commerce may use ``any reasonable
method'' for assigning an all-others rate, including ``averaging the
estimated average countervailable subsidy rates
[[Page 19442]]
determined for the exporters and producers individually investigated.''
In this investigation, all rates for the individually investigated
respondents are based entirely on facts available, pursuant to section
776 of the Act. We are relying on a simple average of the total AFA
rates assigned to Temgoo and Foshan Sanfi as the all-others rate in
this final determination, consistent with the statutory provision to
rely on ``any reasonable method.''
Final Determination
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we
established individual estimated countervailable subsidy rates, as
follows:
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\7\ Commerce assigned Sanfi's rate to each of the entities for
which Sanfi provided an initial questionnaire response: Guangdong
Sanfi Ceramics Group Co., Ltd.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Temgoo International Trading Limited.................... 358.81
Sanfi Imp & Exp Co., Ltd \7\............................ 358.81
All Others.............................................. 358.81
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Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of all entries of
merchandise under consideration from China that were entered or
withdrawn from warehouse, for consumption, on or after September 17,
2019, the date of publication of the Preliminary Determination in the
Federal Register. In accordance with section 703(d) of the Act, we
instructed CBP to discontinue the suspension of liquidation for CVD
purposes for subject merchandise entered, or withdrawn from warehouse,
on or after January 10, 2020, but continue the suspension of
liquidation of all entries from September 17 through January 9, 2020.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation under section 706(a) of the Act, and
require a cash deposit of estimated countervailing duties for such
entries of subject merchandise in the amounts indicated above. If the
ITC determines that material injury, or threat of material injury, does
not exist, this proceeding will be terminated, and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of its public announcement, or if there is
no public announcement, within five days of the date of this notice, in
accordance with 19 CFR 351.224(b).
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of ceramic tile
from China. As Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of ceramic tile from China, or sales (or the likelihood of
sales) for importation of ceramic tile from China. In addition, we are
making available to the ITC all non-privileged and nonproprietary
information related to this investigation. We will allow the ITC access
to all privileged and business proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under an administrative protective order (APO),
without the written consent of the Assistant Secretary for Enforcement
and Compliance.
Notification Regarding APO
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO in accordance with 19
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
May 19, 2020, unless extended.\8\
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\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020).
Dated: March 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is ceramic
flooring tile, wall tile, paving tile, hearth tile, porcelain tile,
mosaic tile, flags, finishing tile, and the like (hereinafter
ceramic tile). Ceramic tiles are articles containing a mixture of
minerals including clay (generally hydrous silicates of alumina or
magnesium) that are fired so the raw materials are fused to produce
a finished good that is less than 3.2 cm in actual thickness. All
ceramic tile is subject to the scope regardless of end use, surface
area, and weight, regardless of whether the tile is glazed or
unglazed, regardless of the water absorption coefficient by weight,
regardless of the extent of vitrification, and regardless of whether
or not the tile is on a backing. Subject merchandise includes
ceramic tile with decorative features that may in spots exceed 3.2
cm in thickness and includes ceramic tile ``slabs'' or ``panels''
(tiles that are larger than 1 meter\2\ (11 ft.\2\)).
Subject merchandise includes ceramic tile that undergoes minor
processing in a third country prior to importation into the United
States. Similarly, subject merchandise includes ceramic tile
produced that undergoes minor processing after importation into the
United States. Such minor processing includes, but is not limited
to, one or more of the following: Beveling, cutting, trimming,
staining, painting, polishing, finishing, additional firing, or any
other processing that would otherwise not remove the merchandise
from the scope of the investigation if performed in the country of
manufacture of the in-scope product.
Subject merchandise is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under the following
subheadings of heading 6907: 6907.21.1005, 6907.21.1011,
6907.21.1051, 6907.21.2000, 6907.21.3000, 6907.21.4000,
6907.21.9011, 6907.21.9051, 6907.22.1005, 6907.22.1011,
6907.22.1051, 6907.22.2000, 6907.22.3000, 6907.22.4000,
6907.22.9011, 6907.22.9051, 6907.23.1005, 6907.23.1011,
6907.23.1051, 6907.23.2000, 6907.23.3000, 6907.23.4000,
6907.23.9011, 6907.23.9051, 6907.30.1005, 6907.30.1011,
6907.30.1051, 6907.30.2000, 6907.30.3000, 6907.30.4000,
6907.30.9011, 6907.30.9051, 6907.40.1005, 6907.40.1011,
6907.40.1051, 6907.40.2000, 6907.40.3000, 6907.40.4000,
6907.40.9011, and 6907.40.9051. Subject merchandise may also enter
under subheadings of headings 6914 and 6905: 6914.10.8000,
6914.90.8000, 6905.10.0000, and 6905.90.0050. The HTSUS subheadings
are provided for convenience and customs purposes only. The written
description of the scope of this investigation is dispositive.
[[Page 19443]]
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Critical Circumstances
VI. Subsidies Valuation
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Discussion of Issues
Comment 1: Application of AFA to Sanfi and Temgoo and
Calculation of the All-Others Rate
Comment 2: Whether Commerce's Calculation of the AFA Rate in
Unreasonable
Comment 3: Selection of AFA Rates for Subsidy Programs
Comment 4: Preliminary Scope Determination
X. Recommendation
[FR Doc. 2020-07189 Filed 4-6-20; 8:45 am]
BILLING CODE 3510-DS-P
