[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Pages 78631-78632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26951]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-562 and 731-TA-1329 (Final)]
Ammonium Sulfate From China; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-562 and 731-TA-1329 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of ammonium sulfate from China, provided
for in subheading 3102.21.00 of the Harmonized Tariff Schedule of the
United States. The Department of Commerce has preliminarily determined
that such imports are subsidized.
DATES: Effective October 24, 2016.
FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of an affirmative
preliminary determination by the Department of Commerce that certain
benefits which constitute subsidies within the meaning of section 703
of the Act (19 U.S.C. 1671b) are being provided to manufacturers,
producers, or exporters in China of ammonium sulfate.\1\ The
investigations were requested in petitions filed on May 25, 2016, by
Pasadena Commodities International, Nitrogen LLC (Pasadena, Texas).
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as 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 these investigations. 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 these investigations
is not excluded when commingled (i.e., mixed or combined) with
ammonium sulfate from sources not subject to these investigations.
Only the subject component of such commingled products is covered by
the scope of these investigations. The Chemical Abstracts Service
(CAS) registry number for ammonium sulfate is 7783-20-2. The
merchandise covered by these investigations 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 these
investigations is dispositive.
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on December
28, 2016, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
January 12, 2017, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before January 10, 2017. A nonparty
who has testimony that may aid the Commission's deliberations may
request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on January 10, 2017, at the U.S. International Trade Commission
Building, if deemed necessary. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit
[[Page 78632]]
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is January 5, 2017. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is January 19, 2017. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before January 19, 2017. On February 1, 2017, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before February 3, 2017, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on E-Filing,
available on the Commission's Web site at https://edis.usitc.gov,
elaborates upon the Commission's rules with respect to electronic
filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
Issued: November 3, 2016.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-26951 Filed 11-7-16; 8:45 am]
BILLING CODE 7020-02-P