[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13094-13095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04753]
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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: Antidumping
Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC''), the Department is issuing antidumping duty (``AD'') and
countervailing duty (``CVD'') orders on ammonium sulfate from the
People's Republic of China (``PRC'').
DATES: Effective March 9, 2017.
FOR FURTHER INFORMATION CONTACT: Tom Martin (AD) at (202) 482-3936 or
Robert Galantucci (CVD) at (202) 482-2923, AD/CVD Operations, Office
IV, Enforcement and Compliance, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the ``Act''), on January 17, 2017, and January 25,
2017, respectively, the Department published its affirmative final
determination that countervailable subsidies are being provided to
producers and exporters of ammonium sulfate from the PRC and its
affirmative final determination of sales at less than fair value
(``LTFV'').\1\ On March 2, 2017, the ITC notified the Department of its
final affirmative determination that an industry in the United States
is materially injured by reason of LTFV imports and subsidized imports
of ammonium sulfate from the PRC, within the meaning of sections
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\
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\1\ See Ammonium Sulfate from the People's Republic of China:
Final Affirmative Countervailing Duty Determination, 82 FR 4850
(January 17, 2017) (``CVD Final Determination''); Ammonium Sulfate
from the People's Republic of China: Final Affirmative Determination
of Sales at Less Than Fair Value, 82 FR 8403 (January 25, 2017)
(``AD Final Determination'').
\2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary
of Commerce for Enforcement and Compliance, from Rhonda K.
Schmidtlein, Chairman of the U.S. International Trade Commission,
regarding antidumping and countervailing duty investigations
concerning imports of ammonium sulfate from the People's Republic of
China (Investigation Nos 701-TA-562 and 731-TA-1329), dated March 2,
2017 (``ITC Letter'').
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Scope of the Orders
The merchandise covered by these 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 these 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 these orders is not
excluded when commingled (i.e., mixed or combined) with ammonium
sulfate from sources not subject to these orders. Only the subject
component of such commingled products is covered by the scope of these
orders.
The Chemical Abstracts Service (``CAS'') registry number for
ammonium sulfate is 7783-20-2.
The merchandise covered by these orders is currently classifiable
under Harmonized Tariff Schedule of the
[[Page 13095]]
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.
Antidumping Duty Order
In accordance with section 735(d) of the Act, the ITC has notified
the Department of its final determination that an industry in the
United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of ammonium sulfate
that are sold in the United States at LTFV. Therefore, in accordance
with section 735(c)(2) of the Act, we are publishing this antidumping
duty order. Because the ITC determined that imports of ammonium sulfate
from the PRC are materially injuring a U.S. industry, unliquidated
entries of such merchandise from the PRC, entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
In accordance with section 736(a)(1) of the Act, the Department
will direct U.S. Customs and Border Protection (``CBP'') to assess,
upon further instruction by the Department, antidumping duties equal to
the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of ammonium sulfate from the PRC. Antidumping duties
will be assessed on unliquidated entries of ammonium sulfate from the
PRC entered, or withdrawn from warehouse, for consumption on or after
November 9, 2016, the date of publication of the AD Preliminary
Determination.\3\
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\3\ See Ammonium Sulfate from the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value, 81 FR
78776 (November 9, 2016).
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Continuation of Suspension of Liquidation (AD)
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from the PRC. These instructions suspending liquidation
will remain in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amount indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determination, CBP
will require, at the same time as importers would normally deposit
estimated duties on this subject merchandise, a cash deposit equal to
the estimated weighted-average dumping margin listed below. The
Department has made no adjustments to the antidumping cash deposit rate
because the Department has made no findings in the countervailing duty
investigation that any of the programs are export subsidies.\4\
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\4\ See AD Final Determination, 82 FR at 8404.
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Estimated Weighted-Average Antidumping Duty Margin
The weighted-average antidumping duty margin is as follows:
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Weighted-
average
Exporter/producer margin
(percent)
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PRC-Wide Entity............................................. 493.46
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Countervailing Duty Order
In accordance with section 705(d) of the Act, the ITC notified the
Department of its final determination that the industry in the United
States producing ammonium sulfate is materially injured within the
meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized
imports of ammonium sulfate from the PRC.\5\ Therefore, in accordance
with section 706(a) of the Act, we are publishing this countervailing
duty order.
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\5\ See ITC Letter.
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As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, the Department will direct CBP to assess,
upon further instruction by the Department, countervailing duties on
unliquidated entries of ammonium sulfate entered, or withdrawn from
warehouse, for consumption on or after November 2, 2016, the date of
publication of the CVD Preliminary Determination.\6\
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\6\ See Countervailing Duty Investigation of Ammonium Sulfate
from the People's Republic of China: Preliminary Affirmative
Determination, 81 FR 76332 (November 2, 2016).
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However, section 703(d) of the Act states that the suspension of
liquidation pursuant to a preliminary determination may not remain in
effect for more than four months. Therefore, entries of ammonium
sulfate made on or after March 2, 2017, and prior to the date of
publication of the ITC's final determination in the Federal Register,
are not liable for the assessment of countervailing duties, due to the
Department's discontinuation, effective March 2, 2017, of the
suspension of liquidation.
Suspension of Liquidation (CVD)
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute suspension of liquidation, effective on the
date of publication of the ITC's notice of final determination in the
Federal Register, and to assess, upon further instruction by the
Department pursuant to section 706(a)(1) of the Act, countervailing
duties for each entry of the subject merchandise in an amount based on
the net countervailable subsidy rate for the subject merchandise. The
Department will also direct CBP to require a cash deposit for each
entry of subject merchandise in an amount equal to the net
countervailable subsidy rates listed below. The All-Others rate applies
to all producers and exporters of subject merchandise not specifically
listed.
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Subsidy
Exporter/producer rate
(percent)
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Wuzhoufeng Agricultural Science & Technology Co. Ltd........ 206.72
Yantai Jiahe Agriculture Means of Production Co. Ltd........ 206.72
All-Others.................................................. 206.72
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
ammonium sulfate from the PRC pursuant to sections 736(a) and 706(a) of
the Act. Interested parties can find an updated list of orders
currently in effect by either visiting http://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records
Unit, Room B8024 of the main Commerce Building.
These orders are published in accordance with sections 706(a),
736(a), and 777(i) of the Act, and 19 CFR 351.211(b).
Dated: March 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-04753 Filed 3-8-17; 8:45 am]
BILLING CODE 3510-DS-P