Ammonium Sulfate From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 20124-20125 [2023-07042]

Download as PDF 20124 Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices Dated: March 29, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. deposits of estimated antidumping duties, where applicable.16 Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for KBP and LG Chem will be equal to the weighted-average dumping margin established in the final results of this review for each respondent (except, if that rate is de minimis, then the cash deposit rate will be zero); (2) for producers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment of this proceeding in which they were reviewed; (3) if the exporter is not a firm covered in this review or a prior segment of the proceeding but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 33.10 percent, the all-others rate established in the lessthan-fair-value investigation.17 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary 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 review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. lotter on DSK11XQN23PROD with NOTICES1 Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4). 16 See 17 See section 751(a)(2)(C) of the Act. Order, 85 FR at 17866. VerDate Sep<11>2014 17:44 Apr 04, 2023 Jkt 259001 Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Affiliation V. Discussion of the Methodology VI. Product Comparisons VII. Export Price VIII. Normal Value IX. Currency Conversion X. Recommendation [FR Doc. 2023–07044 Filed 4–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–049, C–570–050] Ammonium Sulfate From the People’s Republic of China: Continuation of Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) have determined that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on ammonium sulfate from the People’s Republic of China (China) would be likely to lead to the continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States. Therefore, Commerce is publishing a notice of continuation of these AD and CVD orders. DATES: Applicable April 5, 2023. FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482–3936. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 9, 2017, Commerce published the AD and CVD orders on ammonium sulfate from China.1 On February 1, 2022, Commerce published the notice of 1 See Ammonium Sulfate from the People’s Republic of China: Antidumping Duty and Countervailing Duty Orders, 82 FR 13094 (March 9, 2017) (Orders). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 initiation of the first sunset reviews of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 As a result of its reviews, Commerce determined that revocation of the AD order would likely lead to the continuation or recurrence of dumping and that revocation of the CVD order would likely lead to the continuation or recurrence of countervailable subsidies.3 Therefore, Commerce notified the ITC of the magnitude of the dumping margins and net countervailable subsidy rates likely to prevail should the Orders be revoked, pursuant to sections 752(b) and (c) of the Act. On February 14, 2023, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 Scope of the Orders The merchandise covered by the Orders is ammonium sulfate in all physical forms, with or without additives such as anti-caking agents. Ammonium sulfate, which may also be spelled as ammonium sulphate, has the chemical formula (NH4)2SO4. The scope includes ammonium sulfate that is combined with other products, including by, for example, blending (i.e., mixing granules of ammonium sulfate with granules of one or more other products), compounding (i.e., when ammonium sulfate is compacted with one or more other products under high pressure), or granulating (incorporating multiple products into granules through, e.g., a slurry process). For such combined products, only the ammonium sulfate component is covered by the scope of the Orders. Ammonium sulfate that has been combined with other products is included within the scope regardless of whether the combining occurs in countries other than China. Ammonium sulfate that is otherwise subject to the Orders is not excluded when commingled (i.e., mixed or 2 See Initiation of Five-Year (Sunset) Reviews, 87 FR 5467 (February 1, 2022). 3 See Ammonium Sulfate from the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 87 FR 34841 (June 8, 2022), and accompanying Issues and Decision Memorandum (IDM); see also Ammonium Sulfate from the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 87 FR 34848 (June 8, 2022), and accompanying IDM. 4 See Ammonium Sulfate from China; Investigation Nos. 701–TA–562 and 731–TA–1329 (Review), 88 FR 9540 (February 14, 2023). E:\FR\FM\05APN1.SGM 05APN1 Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices combined) with ammonium sulfate from sources not subject to the Orders. Only the subject component of such commingled products is covered by the scope of the Orders. The Chemical Abstracts Service (CAS) registry number for ammonium sulfate is 7783–20–2. The merchandise covered by the Orders is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the Orders is dispositive. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to the continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these Orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year reviews of the Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order (APO) lotter on DSK11XQN23PROD with NOTICES1 This notice also serves as the only reminder to 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(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 violation which is subject to sanction. Notification to Interested Parties These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4). VerDate Sep<11>2014 17:44 Apr 04, 2023 Jkt 259001 Dated: February 16, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–07042 Filed 4–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–870] Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results of Countervailing Duty Administrative Review; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and/or exporters of certain new pneumatic off-the-road tires (OTR tires) from India, during the period of review (POR) January 1, 2021, through December 31, 2021. Interested parties are invited to comment on these preliminary results. DATES: Applicable April 5, 2023. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3148. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 9, 2022, Commerce initiated this administrative review of the countervailing duty order on OTR tires from India.1 The mandatory company respondents are ATC Tires Private Limited (ATC) and Balkrishna Industries Ltd. (BKT). On November 21, 2022, Commerce extended the time limit for these preliminary results to March 31, 2023.2 For a complete description of the events that followed the initiation of the review, see the Preliminary Decision Memorandum.3 A list of topics 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 29280 (May 13, 2022). 2 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Review,’’ dated November 21, 2022. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review, Off-the-Road Tires from India; 2021,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 20125 discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade/gov/public/ FRNoticesListLayout.aspx. Scope of the Order The merchandise covered by the order is OTR tires. OTR tires are tires with an off road tire size designation. The tires included in the scope may be either tube-type or tubeless, radial, or nonradial, regardless of whether for original equipment manufacturers or the replacement market. For a complete description of the scope of this order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs preliminarily found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution from an authority that gives rise to a benefit to the recipient and that the subsidy is specific.4 For a full description of the methodology underlying Commerce’s preliminary conclusions, see the Preliminary Decision Memorandum. Companies Not Selected for Individual Examination The Act and Commerce’s regulations do not directly address the subsidy rate to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation. Section 777A(e)(2) of the Act provides that ‘‘the individual countervailable subsidy rates determined under 4 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. E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20124-20125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07042]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) and the U.S. 
International Trade Commission (ITC) have determined that revocation of 
the antidumping duty (AD) and countervailing duty (CVD) orders on 
ammonium sulfate from the People's Republic of China (China) would be 
likely to lead to the continuation or recurrence of dumping, net 
countervailable subsidies, and material injury to an industry in the 
United States. Therefore, Commerce is publishing a notice of 
continuation of these AD and CVD orders.

DATES: Applicable April 5, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.

SUPPLEMENTARY INFORMATION: 

Background

    On May 9, 2017, Commerce published the AD and CVD orders on 
ammonium sulfate from China.\1\ On February 1, 2022, Commerce published 
the notice of initiation of the first sunset reviews of the Orders, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ As a result of its reviews, Commerce determined that 
revocation of the AD order would likely lead to the continuation or 
recurrence of dumping and that revocation of the CVD order would likely 
lead to the continuation or recurrence of countervailable subsidies.\3\ 
Therefore, Commerce notified the ITC of the magnitude of the dumping 
margins and net countervailable subsidy rates likely to prevail should 
the Orders be revoked, pursuant to sections 752(b) and (c) of the Act. 
On February 14, 2023, the ITC published its determination, pursuant to 
section 751(c) of the Act, that revocation of the Orders would likely 
lead to continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------

    \1\ See Ammonium Sulfate from the People's Republic of China: 
Antidumping Duty and Countervailing Duty Orders, 82 FR 13094 (March 
9, 2017) (Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 5467 
(February 1, 2022).
    \3\ See Ammonium Sulfate from the People's Republic of China: 
Final Results of the Expedited First Sunset Review of the 
Antidumping Duty Order, 87 FR 34841 (June 8, 2022), and accompanying 
Issues and Decision Memorandum (IDM); see also Ammonium Sulfate from 
the People's Republic of China: Final Results of the Expedited First 
Sunset Review of the Countervailing Duty Order, 87 FR 34848 (June 8, 
2022), and accompanying IDM.
    \4\ See Ammonium Sulfate from China; Investigation Nos. 701-TA-
562 and 731-TA-1329 (Review), 88 FR 9540 (February 14, 2023).
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Scope of the Orders

    The merchandise covered by the Orders is ammonium sulfate in all 
physical forms, with or without additives such as anti-caking agents. 
Ammonium sulfate, which may also be spelled as ammonium sulphate, has 
the chemical formula (NH4)2SO4.
    The scope includes ammonium sulfate that is combined with other 
products, including by, for example, blending (i.e., mixing granules of 
ammonium sulfate with granules of one or more other products), 
compounding (i.e., when ammonium sulfate is compacted with one or more 
other products under high pressure), or granulating (incorporating 
multiple products into granules through, e.g., a slurry process). For 
such combined products, only the ammonium sulfate component is covered 
by the scope of the Orders.
    Ammonium sulfate that has been combined with other products is 
included within the scope regardless of whether the combining occurs in 
countries other than China.
    Ammonium sulfate that is otherwise subject to the Orders is not 
excluded when commingled (i.e., mixed or

[[Page 20125]]

combined) with ammonium sulfate from sources not subject to the Orders. 
Only the subject component of such commingled products is covered by 
the scope of the Orders.
    The Chemical Abstracts Service (CAS) registry number for ammonium 
sulfate is 7783-20-2.
    The merchandise covered by the Orders is currently classifiable 
under Harmonized Tariff Schedule of the United States (HTSUS) 
subheading 3102.21.0000. Although this HTSUS subheading and CAS 
registry number are provided for convenience and customs purposes, the 
written description of the scope of the Orders is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to the continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation 
of the Orders. U.S. Customs and Border Protection will continue to 
collect AD and CVD cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of continuation of these Orders will be the date 
of publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next five-year reviews of the Orders not later than 30 days prior 
to the fifth anniversary of the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to 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(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 violation which is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: February 16, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-07042 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P

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