[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Notices]
[Pages 74065-74067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29370]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-008]
Calcium Hypochlorite From the People's Republic of China: Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') determines
that calcium hypochlorite from the People's Republic of China (``PRC'')
is being, or is likely to be, sold in the United States at less than
fair value (``LTFV''), as provided in section 735 of the Tariff Act of
1930, as amended (``the Act''). This investigation's final dumping
margin is in the ``Final Determination Margins'' section infra.
DATES: Effective Date: December 15, 2014.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0219.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2014, the Department published in the Federal Register
its Preliminary Determination \1\ of sales at LTFV and postponement of
the final determination in the antidumping duty investigation of
calcium hypochlorite from the PRC.\2\ We invited interested parties to
comment on our Preliminary Determination. We received no comments. The
Department conducted this investigation in accordance with section 731
of the Act.
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\1\ See Calcium Hypochlorite From the People's Republic of
China: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 79 FR 43393 (July 25, 2014)
(``Preliminary Determination'').
\2\ See id.
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[[Page 74066]]
Period of Investigation
The period of investigation (``POI'') is April 1, 2013, through
September 30, 2013. This period corresponds to the two most recent
fiscal quarters prior to the month of the filing of the petition, which
was December 2013.\3\
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\3\ See 19 CFR 351.204(b)(1).
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Scope Comments
In accordance with the preamble to the Department's regulations,
and as noted in the Initiation, we set aside a period of time for
parties to raise issues regarding product coverage, and encouraged all
parties to submit comments within 20 calendar days of publication of
the Initiation.\4\ We received no comments concerning the scope of this
investigation.
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\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997); see also Calcium Hypochlorite From the
People's Republic of China: Initiation of Countervailing Duty
Investigation, 79 FR 2417 (January 14, 2014) (``Initiation'').
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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% 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 investigation is dispositive.
Separate Rate
In the Preliminary Determination, we determined that none of the
exporters subject to this investigation demonstrated their eligibility
for a separate rate and as such are part of the PRC-wide entity.\5\ No
party commented on this determination. As a result, for this final
determination, we are continuing to treat these exporters as part of
the PRC-wide entity and subject to the PRC-wide rate.
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\5\ See Preliminary Determination at 79 FR 43394.
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PRC-Wide Entity
In the Preliminary Determination, the Department assigned to the
PRC-wide entity a rate of 210.52 percent based upon adverse facts
available (``AFA'').\6\ Given that the Department did not receive any
comments from interested parties, for this final determination, the
Department continues to assign an AFA rate of 210.52 percent to the
PRC-wide entity, which includes China Petrochemical International
(Wuhan) Co., Ltd., Tianjin JinBin International Trade Co., Ltd., and
Wuhan Rui Sunny Chemical Co., Ltd.\7\
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\6\ See Preliminary Determination and accompanying Preliminary
Decision Memorandum at 11-12.
\7\ See id.
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Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation.\8\ Policy Bulletin 05.1 sets forth
this practice.\9\ However, for the final determination, we continue to
find that all parties subject to this investigation are part of the
PRC-wide entity, to which we do not assign a separate combination
rate.\10\
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\8\ See Calcium Hypochlorite From the People's Republic of
China: Initiation of Antidumping Duty Investigation, 79 FR 2410,
2414 (January 14, 2014) (``Initiation Notice'').
\9\ See Enforcement and Compliance Policy Bulletin No. 05.1
``Separate-Rates Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market Economy Countries,''
(April 5, 2005) (``Policy Bulletin 05.1''), available on the
Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
\10\ Id.
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Final Determination Margins
The final weighted-average antidumping duty margin percentage is as
follows:
------------------------------------------------------------------------
Weighted-
Exporter Average
margin (%)
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PRC-Wide Entity............................................ 210.52
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Disclosure
Normally, the Department discloses to interested parties the
calculations performed within five days after the date of publication
of the notice of final determination in the Federal Register, in
accordance with 19 CFR 351.224(b). However, because there are no
changes to our Preliminary Determination, and because we continue to
apply AFA to each of the mandatory respondents in this investigation,
in accordance with section 776 of the Act, there are no final
calculations to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(l)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all appropriate entries of calcium
hypochlorite from the PRC, as described in the ``Scope of the
Investigation'' section, which were entered, or withdrawn from
warehouse, for consumption on or after July 25, 2014, the date of
publication of the Preliminary Determination in the Federal Register.
Further, pursuant to 19 CFR 351.205(d), the Department will instruct
CBP to require a cash deposit \11\ equal to the estimated amount by
which the normal value exceeds the U.S. price, adjusted where
appropriate for export subsidies and estimated domestic subsidy pass-
through,\12\ as follows: (1) The rates for China Petrochemical
International (Wuhan) Co., Ltd., Tianjin JinBin International Trade
Co., Ltd., and Wuhan Rui Sunny Chemical Co., Ltd. will be the PRC-wide
rate we have
[[Page 74067]]
determined in this final determination; (2) if the exporter is not a
firm identified in this investigation but the producer is, the rate
will be the rate established for the producer of calcium hypochlorite
from the PRC; (3) the rate for all other producers or exporters will be
210.52 percent, as discussed in the ``PRC-Wide'' section, above. In
this LTFV investigation, with regard to PRC-wide entity, export
subsidies constitute 9.62 percent \13\ of the final calculated
countervailing duty rate in the concurrent countervailing duty
investigation, and, thus, we will offset the PRC-wide rate of 210.52
percent by the countervailing duty rate attributable to export
subsidies (i.e., 9.62 percent) to calculate the cash deposit rate for
this LTFV investigation. These instructions suspending liquidation will
remain in effect until further notice.
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\11\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\12\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the Department
calculates the adjustment for export subsidies in investigations not
in the margin calculation program, but in the cash deposit
instructions issued to CBP. See Notice of Final Determination of
Sales at Less Than Fair Value, and Negative Determination of
Critical Circumstances: Certain Lined Paper Products from India, 71
FR 45012 (August 8, 2006), and accompanying Issues and Decision
Memorandum at Comment 1.
\13\ The following subsidy programs in the final determination
of the concurrent countervailing duty investigation are export
subsidies: Discounted Loans for Export-Oriented Enterprises (1.06%),
Export Credits from China's Export-Import Bank (1.06%), Export
Credit Insurance from China Export and Credit Insurance Corporation
(Sinosure) (1.06%), Foreign Trade Development Fund (0.55%), Famous
Brands Program (0.55%), Provision of Shipping for LTAR (5.34%). See
Calcium Hypochlorite From the People's Republic of China: Final
Affirmative Countervailing Duty Determination, dated concurrently
with this notice, and accompanying Issues and Decision Memorandum at
7.
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U.S. International Trade Commission (``ITC'') Notification
In accordance with section 735(d) of the Act, we notified the ITC
of our final affirmative determination of sales at LTFV. As the
Department's final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will determine,
no later than 45 days after our final determination, whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of calcium
hypochlorite from the PRC, or sales (or the likelihood of sales) for
importation of calcium hypochlorite from the PRC. If the ITC determines
that such injury does not exist, we will terminate this proceeding and
we will refund or cancel all securities posted. However, if the ITC
determines that such injury does exist, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of
calcium hypochlorite from the PRC entered, or withdrawn from warehouse,
for consumption on or after the effective date of the suspension of
liquidation.
Return or Destruction of Proprietary Information
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). We hereby request, timely
written notification of return or destruction of APO materials or
conversion to judicial protective order. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(l) of the Act.
Dated: December 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-29370 Filed 12-12-14; 8:45 am]
BILLING CODE 3510-DS-P