Calcium Hypochlorite From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 19443-19444 [2020-07297]

Download as PDF Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices 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). VerDate Sep<11>2014 18:22 Apr 06, 2020 Jkt 250001 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. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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 http:// 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 http:// 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 19444 Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices be likely to lead to the continuation or recurrence of a countervailable subsidy at the rates listed below: Net subsidy rate (percent) Producer/exporter Hubei Dinglong Chemical Co. Ltd ....................................................................................................................................................... W&W Marketing Corporation ............................................................................................................................................................... Tianjin Jinbin International Trade Co., Ltd .......................................................................................................................................... All Others ............................................................................................................................................................................................. Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Note that Commerce has temporarily modified certain of its requirements for 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 khammond on DSKJM1Z7X2PROD with NOTICES 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 a countervailable subsidy 2. Net countervailable subsidy rates that are likely to prevail 3. Nature of the subsidies VII. Final Results of Review VIII. Recommendation [FR Doc. 2020–07297 Filed 4–6–20; 8:45 am] BILLING CODE 3510–DS–P 7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020). VerDate Sep<11>2014 18:22 Apr 06, 2020 Jkt 250001 65.85 65.85 65.85 65.85 received antidumping duty (AD) petitions concerning imports of International Trade Administration common alloy aluminum sheet (aluminum sheet) from Bahrain, Brazil, [A–525–001, A–351–854, A–891–001, A–729– 803, A–428–849, A–484–804, A–533–895, A– Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, 560–835, A–475–842, A–580–906, A–523– 814, A–485–809, A–801–001, A–856–001, A– Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey filed in proper form 791–825, A–469–820, A–583–867, A–489– 839] on behalf the petitioners,1 domestic producers of aluminum sheet.2 The Common Alloy Aluminum Sheet From Petitions were accompanied by Bahrain, Brazil, Croatia, Egypt, countervailing duty (CVD) petitions Germany, Greece, India, Indonesia, concerning imports of aluminum sheet Italy, Republic of Korea, Oman, from Bahrain, Brazil, India and Turkey.3 Romania, Serbia, Slovenia, South Between March 12 and 20, 2020, Africa, Spain, Taiwan and the Republic Commerce requested supplemental of Turkey: Initiation of Less-Than-Fair- information pertaining to certain aspects Value Investigations of the Petitions in separate supplemental questionnaires.4 The AGENCY: Enforcement and Compliance, petitioners filed responses to the International Trade Administration, supplemental questionnaires between Department of Commerce. March 16 through 23, 2020.5 DATES: Applicable March 30, 2020. 1 The Aluminum Association Common Alloy FOR FURTHER INFORMATION CONTACT: Aluminum Sheet Trade Enforcement Working Allison Hollander at (202) 482–2805 Group and its Individual Members, Aleris Rolled (Bahrain); Shanah Lee at (202) 482–6386 Products, Inc., Arconic, Inc., Constellium Rolled (Brazil); Irene Gorelik at (202) 482–6905 Products Ravenswood, LLC, JW Aluminum (Croatia); Magd Zalok at (202) 482–4162 Company, Novelis Corporation, and Texarkana Aluminum, Inc. (Egypt); Jonathan Hill at (202) 482–3518 2 See Petitioners’ Letter, ‘‘Common Alloy (Germany); Samantha Kinney at (202) Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, 482–2285 (Greece); Jasun Moy at (202) Korea, Oman, Romania, Serbia, Slovenia, South 482–8194 (India); Preston Cox at (202) Africa, Spain, Taiwan and Turkey—Petition for the 482–5041 (Indonesia); Kathryn Wallace Imposition of Antidumping and Countervailing at (202) 482–6251 (Italy); Annathea Duties,’’ dated March 9, 2020 (the Petitions). 3 Id. Cook at (202) 482–0250 (Republic of 4 See Commerce’s Letters, ‘‘Petition for the Korea (Korea)); Chelsey Simonovich at Imposition of Antidumping Duties on Imports of (202) 482–1979 (Oman); Krisha Hill at Common Alloy Aluminum Sheet from Bahrain, (202) 482–4037 (Romania); Katherine Brazil, Croatia, Egypt, Germany, Greece, India, Johnson at (202) 482–4929 (Serbia); Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan and Turkey: Allison Hollander at (202) 482–2805 (Slovenia); Peter Zukowski at (202) 482– Supplemental Questions,’’ dated March 13, 2020 (General Issues Supplemental); and country specific 0189 (South Africa); Rachel Greenberg supplemental questionnaires: Bahrain at (202) 482–0652 (Spain); Kathryn Supplemental, Brazil Supplemental, Croatia Supplemental, Egypt Supplemental, Germany Turlo at (202) 482–3870 (Taiwan); and Sean Carey at (202) 482–3964 (Republic Supplemental, Greece Supplemental, India Supplemental, Indonesia Supplemental, Italy of Turkey (Turkey)); AD/CVD Supplemental, Korea Supplemental, Oman Operations, Enforcement and Supplemental, Romania Supplemental, Serbia Supplemental, Slovenia Supplemental, South Compliance, International Trade Africa Supplemental, Spain Supplemental, Taiwan Administration, U.S. Department of Supplemental, and Turkey Supplemental, dated Commerce, 1401 Constitution Avenue March 12, 2020 or March 13, 2020; see also countryNW, Washington, DC 20230. specific Memoranda regarding telephone conversation with counsel for the petitioners, dated SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE The Petitions On March 9, 2020, the U.S. Department of Commerce (Commerce) PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 March 20, 2020. 5 See Petitioners’ First country-specific Supplemental Responses, dated March 16, 2020 through March 18, 2020; see also Petitioners’ Letter, ‘‘Common Alloy Aluminum Sheet from Bahrain, E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19443-19444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07297]


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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

AGENCY: 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:

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, 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.
---------------------------------------------------------------------------

    \1\ See Calcium Hypochlorite from the People's Republic of 
China: Countervailing Duty Order, 80 FR 5082 (January 30, 2015).
    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.

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 http://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 http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

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

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

[[Page 19444]]

be likely to lead to the continuation or recurrence of a 
countervailable subsidy at the rates listed below:

------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                          rate
                                                             (percent)
------------------------------------------------------------------------
Hubei Dinglong Chemical Co. Ltd.........................           65.85
W&W Marketing Corporation...............................           65.85
Tianjin Jinbin International Trade Co., Ltd.............           65.85
All Others..............................................           65.85
------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely written notification of the return or destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until May 19, 2020, unless extended.\7\
---------------------------------------------------------------------------

    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020).

    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 a countervailable 
subsidy
    2. Net countervailable subsidy rates that are likely to prevail
    3. Nature of the subsidies
VII. Final Results of Review
VIII. Recommendation

[FR Doc. 2020-07297 Filed 4-6-20; 8:45 am]
BILLING CODE 3510-DS-P