Federal Register, Volume 79 Issue 240 (Monday, December 15, 2014)

[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Notices]
[Pages 74064-74065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29368]

[[Page 74064]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-009]

Calcium Hypochlorite From the People's Republic of China: Final
Affirmative Countervailing Duty Determination

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

ACTION: Notice.

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SUMMARY: The Department of Commerce (``Department'') determines that
countervailable subsidies are being provided to producers and exporters
of calcium hypochlorite from the People's Republic of China (``PRC'').
For information on the estimated subsidy rates, see the ``Suspension of
Liquidation'' section of this notice.

DATES: Effective Date: December 15, 2014.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202.482.7906.

SUPPLEMENTARY INFORMATION:

Background

The petitioner to this investigation is Arch Chemicals Inc.
(``Petitioner''). This investigation covers 24 government programs. The
Department selected three mandatory respondents; Hubei Dinglong
Chemical Co., Ltd. (``Hubei Dinglong''), W&W Marketing Corporation
(``W&W Marketing''), and Tianjin Jinbin International Trade Co., Ltd.
(``Tianjin Jinbin''). All three mandatory respondents refused to
participate in this investigation.

Period of Investigation

The period of investigation for which we are measuring subsidies is
January 1, 2012, through December 31, 2012.

Case History

The events that have occurred since the Department published the
Preliminary Determination on May 27, 2014,\1\ are discussed in the
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, ``Issues and Decision Memorandum for the Final
Determination of Calcium Hypochlorite from the People's Republic of
China'' (``Decision Memorandum''), which is hereby adopted by this
notice.\2\
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\1\ See Calcium Hypochlorite From the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination,
and Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination, 79 FR 30082 (May 27, 2014)
(Preliminary Determination), and the accompanying Preliminary
Decision Memorandum.
\2\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014). Public versions of all
business proprietary documents and all public documents are on file
electronically via ACCESS. Access to ACCESS is available to
registered users at http://access.trade.gov and to all parties in
the Central Records Unit, Room 7046 of the main Department of
Commerce building.
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Scope of the Investigation

Analysis of Subsidy Programs and Comments Received

The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs submitted by parties in this investigation
are addressed in the Decision Memorandum, dated concurrently with this
notice. A list of the issues that parties raised and to which we
responded in the Decision Memorandum is attached to this notice as
Appendix II. The Decision Memorandum is a public document and is on
file electronically via ACCESS. In addition, a complete version of the
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and the electronic
versions of this memorandum are identical in content.

Use of Facts Otherwise Available, Including Adverse Inferences

For purposes of this final determination, we relied on facts
available and applied an adverse inference, in accordance with sections
776(a) and (b) of the Tariff Act of 1930, as amended (``the Act''),
with regard to (1) the existence of a financial contribution, benefit,
and specificity for the alleged subsidy programs and (2) the net
subsidy rate assigned to Hubei Dinglong, W&W Marketing, and Tianjin
Jinbin. A full discussion of our decision to rely on adverse facts
available is presented in the Decision Memorandum under the section
``Use of Facts Otherwise Available and Adverse Inferences.''

Suspension of Liquidation

In accordance with section 705(c)(1)(B)(i) of the Act, we have
calculated individual rates for Hubei Dinglong, W&W Marketing, and
Tianjin Jinbin. Section 705(c)(5)(A)(i) of the Act states that for
companies not individually investigated, we will determine an ``all-
others'' rate equal to the weighted average countervailable subsidy
rates established for exporters and producers individually
investigated, excluding any zero and de minimis countervailable rates,
and any rates determined entirely under section 776 of the Act. Section
705(c)(5)(A)(ii) of the Act states that if the countervailable subsidy
rates for all exporters and producers individually investigated are
zero or de minimis rates, or are determined entirely under section 776
of the Act, the Department may use any reasonable method to establish
an all-others rate for exporters and producers not individually
investigated, including averaging the weighted average countervailable
subsidy rates determined for the exporters and producers individually
investigated. As described above, all of the mandatory respondents'
subsidy rates were calculated entirely under section 776 of the Act.
Therefore, we have resorted to ``any reasonable method'' to derive the
``all-others'' rate, as described under section 705(c)(5)(A)(ii) of the
Act. We are basing the ``all-others'' rate on the rate determined for
the mandatory respondents, consistent with section 705(c)(5)(A)(ii) of
the Act.\3\ This issue is discussed in more detail in Comment 2 of the
Decision Memorandum.
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\3\ See, e.g., Certain Potassium Phosphate Salts From the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and Termination of Critical Circumstances Inquiry, 75
FR 30375, 30376 (June 1, 2010).
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We determine the total estimated net countervailable subsidy rates
to be:

------------------------------------------------------------------------
Net subsidy ad
Producer/exporter valorem rate
(percent)
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Hubei Dinglong Chemical Co., Ltd........................ 65.85
W&W Marketing Corporation............................... 65.85

[[Page 74065]]

Tianjin Jinbin International Trade Co., Ltd............. 65.85
All Others.............................................. 65.85
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As a result of our Preliminary Determination, and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (``CBP'') to suspend liquidation of all entries of calcium
hypochlorite from the PRC that were entered or withdrawn from
warehouse, for consumption on or after May 27, 2014, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we issued instructions to
CBP to discontinue the suspension of liquidation for countervailing
duty (``CVD'') purposes for subject merchandise entered, or withdrawn
from warehouse, on or after September 24, 2014, but to continue the
suspension of liquidation of all entries from May 27, 2014, through
September 23, 2014.
If the U.S. International Trade Commission (``ITC'') issues a final
affirmative injury determination, we will issue a CVD order and
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated CVDs for such entries of
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.

ITC Notification

In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary 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 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.

Return or Destruction of Proprietary Information

In the event that the ITC issues a final negative injury
determination, this notice will serve 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(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 that is subject to sanction.
This determination is published pursuant to sections 705(d) and
777(i) of the Act.

Dated: December 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

The product covered by this investigation 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)2.2H2
O 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 investigation
is dispositive.

Appendix II--Issues and Decision Memorandum

I. Summary
II. Background
A. Case History
B. Period of Investigation
III. Scope Comments
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and Adverse Inferences
A. Selection of the Adverse Facts Available Rate
B. Subsidy Rate Chart
VI. Analysis of Comments
Comment 1: Whether the Department Correctly Denied CPIW/JSCC
Voluntary/Mandatory Respondent Status
Comment 2: Whether the Department Correctly Calculated the CVD
Rate Applied to CPIW/JSCC
[FR Doc. 2014-29368 Filed 12-12-14; 8:45 am]
BILLING CODE 3510-DS-P