80 FR 51774 - Calcium Hypochlorite From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 165 (August 26, 2015)
International Trade Administration
Federal Register Volume 80, Issue 165 (August 26, 2015)
| Page Range | 51774-51775 | |
| FR Document | 2015-21185 |
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)] [Notices] [Pages 51774-51775] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21185] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-008] Calcium Hypochlorite From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective date August 26, 2015. SUMMARY: The Department of Commerce (``the Department'') has received a timely request for a new shipper review (``NSR'') of the antidumping duty (``AD'') order on calcium hypochlorite from the People's Republic of China (``PRC''). The Department has determined that the request meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for this NSR is July 25, 2014, through June 30, 2015. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, 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: 202-482-6905. SUPPLEMENTARY INFORMATION: Background The AD order on calcium hypochlorite was published in the Federal Register on January 30, 2015.\1\ On July 20, 2015, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.214(b), the Department received a NSR request from Haixing Jingmei Chemical Products Sales Co., Ltd. (``Haixing Jingmei'').\2\ Haixing Jingmei certified that it is the exporter of the subject merchandise upon which the request is based and that its affiliate, Haixing Eno Chemical Co., Ltd., is the producer of the subject merchandise.\3\ --------------------------------------------------------------------------- \1\ See Calcium Hypochlorite From the People's Republic of China: Antidumping Duty Order, 80 FR 5085 (January 30, 2015) (``Order''). \2\ See Letter from Haixing Jingmei, ``Entry of Appearance and Corrected Request for New Shipper Review: Calcium Hypochlorite from the People's Republic of China,'' dated July 20, 2015 (``NSR Request''). \3\ Id., at 2-3 and Exhibit 1. --------------------------------------------------------------------------- Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b)(2)(ii), Haixing Jingmei certified that it did not export subject merchandise to the United States during the period of investigation (``POI'').\4\ Further, Haixing Eno Chemical Co., Ltd. certified that it is the producer of the subject merchandise upon which the request is based. In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Haixing Jingmei certified that, since the initiation of the investigation, it has never been affiliated with any PRC exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the investigation.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B), Haixing Jingmei also certified that its export activities were not controlled by the government of the PRC.\6\ --------------------------------------------------------------------------- \4\ Id. \5\ Id. \6\ Id. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Haixing Jingmei submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment and subsequent shipments; and (3) the date of its first sale to an unaffiliated customer in the United States.\7\ --------------------------------------------------------------------------- \7\ Id., at 3 and Exhibit 2; see also Letter from Haixing Jingmei, ``Calcium Hypochlorite from the People's Republic of China: Response to Pre-Initiation Question,'' dated July 24, 2015. --------------------------------------------------------------------------- Finally, the Department conducted a U.S. Customs and Border Protection (``CBP'') database query and confirmed the price, quantity, date of sale, and date of entry of Haixing Jingmei's sales.\8\ --------------------------------------------------------------------------- \8\ The Department will place the results of the completed CBP database query along with Haixing Jingmei's entry documents on the record after the publication of this notice. --------------------------------------------------------------------------- Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 19 CFR 351.214(d)(1), and based on the evidence provided by Haixing Jingmei, we find that its request meets the threshold requirements for initiation of the NSR for shipments of calcium hypochlorite from the PRC produced by Haixing Eno Chemical Co., Ltd. and exported by Haixing Jingmei.\9\ The POR is July 25, 2014, through June 30, 2015.\10\ If the information supplied by Haixing Jingmei is found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review for Haixing Jingmei or apply facts available pursuant to section 776 of the Act, depending on the facts on record. --------------------------------------------------------------------------- \9\ See ``Memorandum to the File, from Irene Gorelik, Senior Analyst, ``Calcium Hypochlorite from the People's Republic of China: New Shipper Initiation Checklist,'' dated concurrently with this notice and herein incorporated by reference. \10\ See 19 CFR 351.214(g)(1)(ii)(B). --------------------------------------------------------------------------- Absent a determination that the new shipper review is extraordinarily complicated, the Department intends to issue the preliminary results of this NSR within 180 days from the date of initiation and the final results within 90 days after the date on which the preliminary results are issued.\11\ --------------------------------------------------------------------------- \11\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). --------------------------------------------------------------------------- It is the Department's usual practice, in cases involving non- market economies (``NMEs''), to require that a company seeking to establish eligibility for an antidumping duty rate separate from the NME entity-wide rate provide evidence of de jure and de facto absence of government control over the company's export activities. Accordingly, we will issue questionnaires to Haixing Jingmei that will include a section requesting information concerning its eligibility for a separate rate. The NSR will proceed if the responses provide sufficient indication that Haixing Jingmei is not subject to either de jure or de facto government control with respect to its exports of subject merchandise. We will instruct CBP to allow, at the option of the importer, the posting, until the completion of this review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from the requesting companies in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Haixing Jingmei certified that its affiliate Haixing Eno Chemical Co., Ltd. produced the subject merchandise which Haixing Jingmei exported, the [[Page 51775]] sales of which are the basis for the NSR request, we will instruct CBP to permit the use of a bond only for subject merchandise which Haixing Eno Chemical Co., Ltd produced and Haixing Jingmei exported. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i). Dated: August 19, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-21185 Filed 8-25-15; 8:45 am] BILLING CODE 3510-DS-P
![51774 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
V. Scope Comments Federal Register on January 30, 2015.1 Initiation of New Shipper Review
VI. Affiliation Determinations On July 20, 2015, pursuant to section
VII. Discussion of Methodology Pursuant to section 751(a)(2)(B) of the
751(a)(2)(B)(i) of the Tariff Act of 1930, Act, 19 CFR 351.214(b), and 19 CFR
a. Determination of the Comparison
Method
as amended (‘‘the Act’’), and 19 CFR 351.214(d)(1), and based on the
b. Results of the Differential Pricing 351.214(b), the Department received a evidence provided by Haixing Jingmei,
Analysis NSR request from Haixing Jingmei we find that its request meets the
VIII. Date of Sale Chemical Products Sales Co., Ltd. threshold requirements for initiation of
IX. Product Comparisons (‘‘Haixing Jingmei’’).2 Haixing Jingmei the NSR for shipments of calcium
X. Export Price certified that it is the exporter of the hypochlorite from the PRC produced by
XI. Duty Drawback subject merchandise upon which the
XII. Normal Value Haixing Eno Chemical Co., Ltd. and
request is based and that its affiliate, exported by Haixing Jingmei.9 The POR
a. Home Market Viability
b. Level of Trade Haixing Eno Chemical Co., Ltd., is the is July 25, 2014, through June 30,
c. Cost of Production (COP) Analysis producer of the subject merchandise.3 2015.10 If the information supplied by
1. Calculation of COP Pursuant to section 751(a)(2)(B) of the Haixing Jingmei is found to be incorrect
2. Test of Comparison Market Sales Prices Act and 19 CFR 351.214(b)(2)(ii), or insufficient during the course of this
3. Results of the COP Test Haixing Jingmei certified that it did not proceeding, the Department may rescind
d. Calculation of NV Based on Comparison export subject merchandise to the the review for Haixing Jingmei or apply
Market Prices United States during the period of
XIII. Application of Facts Available and Use facts available pursuant to section 776
of Adverse Inference investigation (‘‘POI’’).4 Further, Haixing of the Act, depending on the facts on
a. Use of Facts Available Eno Chemical Co., Ltd. certified that it record.
b. Application of Facts Available with an is the producer of the subject Absent a determination that the new
Adverse Inference merchandise upon which the request is shipper review is extraordinarily
c. Selection and Corroboration of Adverse based. In addition, pursuant to section complicated, the Department intends to
Facts Available (AFA) Rate 751(a)(2)(B)(i)(II) of the Act and 19 CFR issue the preliminary results of this NSR
XIV. Critical Circumstances 351.214(b)(2)(iii)(A), Haixing Jingmei within 180 days from the date of
XV. Currency Conversion
certified that, since the initiation of the initiation and the final results within 90
[FR Doc. 2015–21180 Filed 8–25–15; 8:45 am] investigation, it has never been affiliated days after the date on which the
BILLING CODE 3510–DS–P with any PRC exporter or producer who preliminary results are issued.11
exported subject merchandise to the It is the Department’s usual practice,
United States during the POI, including in cases involving non-market
DEPARTMENT OF COMMERCE those respondents not individually economies (‘‘NMEs’’), to require that a
examined during the investigation.5 As company seeking to establish eligibility
International Trade Administration
required by 19 CFR 351.214(b)(2)(iii)(B), for an antidumping duty rate separate
[A–570–008] Haixing Jingmei also certified that its from the NME entity-wide rate provide
export activities were not controlled by evidence of de jure and de facto absence
Calcium Hypochlorite From the the government of the PRC.6 of government control over the
People’s Republic of China: Initiation In addition to the certifications company’s export activities.
of Antidumping Duty New Shipper described above, pursuant to 19 CFR Accordingly, we will issue
Review; 2014–2015 351.214(b)(2)(iv), Haixing Jingmei questionnaires to Haixing Jingmei that
AGENCY: Enforcement and Compliance, submitted documentation establishing will include a section requesting
International Trade Administration, the following: (1) The date on which it information concerning its eligibility for
Department of Commerce. first shipped subject merchandise for a separate rate. The NSR will proceed if
DATES: Effective date August 26, 2015. export to the United States; (2) the the responses provide sufficient
SUMMARY: The Department of Commerce volume of its first shipment and indication that Haixing Jingmei is not
(‘‘the Department’’) has received a subsequent shipments; and (3) the date subject to either de jure or de facto
timely request for a new shipper review of its first sale to an unaffiliated government control with respect to its
(‘‘NSR’’) of the antidumping duty customer in the United States.7 exports of subject merchandise.
(‘‘AD’’) order on calcium hypochlorite Finally, the Department conducted a We will instruct CBP to allow, at the
from the People’s Republic of China U.S. Customs and Border Protection option of the importer, the posting, until
(‘‘PRC’’). The Department has (‘‘CBP’’) database query and confirmed the completion of this review, of a bond
determined that the request meets the the price, quantity, date of sale, and date or security in lieu of a cash deposit for
statutory and regulatory requirements of entry of Haixing Jingmei’s sales.8 each entry of the subject merchandise
for initiation. The period of review from the requesting companies in
(‘‘POR’’) for this NSR is July 25, 2014,
1 See Calcium Hypochlorite From the People’s accordance with section 751(a)(2)(B)(iii)
through June 30, 2015.
Republic of China: Antidumping Duty Order, 80 FR of the Act and 19 CFR 351.214(e).
5085 (January 30, 2015) (‘‘Order’’). Because Haixing Jingmei certified that
FOR FURTHER INFORMATION CONTACT: 2 See Letter from Haixing Jingmei, ‘‘Entry of
its affiliate Haixing Eno Chemical Co.,
Irene Gorelik, AD/CVD Operations, Appearance and Corrected Request for New Shipper
Review: Calcium Hypochlorite from the People’s Ltd. produced the subject merchandise
Office V, Enforcement and Compliance,
Republic of China,’’ dated July 20, 2015 (‘‘NSR which Haixing Jingmei exported, the
International Trade Administration, Request’’).
U.S. Department of Commerce, 14th 3 Id., at 2–3 and Exhibit 1.
Jingmei’s entry documents on the record after the
Street and Constitution Avenue NW., 4 Id.
publication of this notice.
rmajette on DSK7SPTVN1PROD with NOTICES
Washington, DC 20230; telephone: 202– 5 Id. 9 See ‘‘Memorandum to the File, from Irene
482–6905. 6 Id. Gorelik, Senior Analyst, ‘‘Calcium Hypochlorite
7 Id., at 3 and Exhibit 2; see also Letter from from the People’s Republic of China: New Shipper
SUPPLEMENTARY INFORMATION:
Haixing Jingmei, ‘‘Calcium Hypochlorite from the Initiation Checklist,’’ dated concurrently with this
Background People’s Republic of China: Response to Pre- notice and herein incorporated by reference.
Initiation Question,’’ dated July 24, 2015. 10 See 19 CFR 351.214(g)(1)(ii)(B).
The AD order on calcium 8 The Department will place the results of the 11 See section 751(a)(2)(B)(iv) of the Act and 19
hypochlorite was published in the completed CBP database query along with Haixing CFR 351.214(i).
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![Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices 51775
sales of which are the basis for the NSR Street and Constitution Avenue NW., ACCESS is available to registered users
request, we will instruct CBP to permit Washington, DC 20230; telephone at http://access.trade.gov, and is
the use of a bond only for subject 202.482.4031, or 202.482.0413, available to all parties in the Central
merchandise which Haixing Eno respectively. Records Unit, room B8024 of the main
Chemical Co., Ltd produced and SUPPLEMENTARY INFORMATION: Department of Commerce building. In
Haixing Jingmei exported. addition, a complete version of the I&D
Interested parties requiring access to Background Memo can be accessed directly at http://
proprietary information in this NSR On January 30, 2015, the Department enforcement.trade.gov/frn/index.html.
should submit applications for published the Preliminary The signed I&D Memo and the
disclosure under administrative Determination.2 Between May 6 and electronic versions are identical in
protective order, in accordance with 19 June 6, 2015, we conducted verifications content.
CFR 351.305 and 19 CFR 351.306. of the questionnaire responses of Scope of the Investigation and Scope
This initiation and notice are in Nanjing ETDZ Huixing Trade Co., Ltd. Comments
accordance with section 751(a)(2)(B) of (‘‘ETDZ’’), Nanjing Topsun Racking
the Act, 19 CFR 351.214, and 19 CFR The scope of this investigation covers
Manufacturing Co., Ltd. (‘‘Topsun’’),
351.221(c)(1)(i). boltless steel shelving units
and a customer.3 On May 21, 2015, the
prepackaged for sale, with or without
Dated: August 19, 2015. Department issued the Post-preliminary
decks (‘‘boltless steel shelving’’). The
Christian Marsh, Determination.4 Between June 24 and
term ‘‘prepackaged for sale’’ means that,
Deputy Assistant Secretary for Antidumping June 29, 2015, interested parties
at a minimum, the steel vertical
and Countervailing Duty Operations. submitted case and rebuttal briefs. A
supports (i.e., uprights and posts) and
[FR Doc. 2015–21185 Filed 8–25–15; 8:45 am] full discussion of the issues raised by
steel horizontal supports (i.e., beams,
parties for this final determination may
BILLING CODE 3510–DS–P braces) necessary to assemble a
be found in the I&D Memo, which is completed shelving unit (with or
hereby adopted by this notice.5 The I&D without decks) are packaged together for
DEPARTMENT OF COMMERCE Memo is a public document and is on ultimate purchase by the end-user. The
file electronically via Enforcement and scope also includes add-on kits. Add-on
International Trade Administration Compliance’s Antidumping and kits include, but are not limited to, kits
[C–570–019] Countervailing Duty Centralized that allow the end-user to add an
Electronic Service System (‘‘ACCESS’’). extension shelving unit onto an existing
Boltless Steel Shelving Units boltless steel shelving unit such that the
2 See Countervailing Duty Investigation of Boltless
Prepackaged for Sale From the extension and the original unit will
Steel Shelving Units Prepackaged for Sale from the
People’s Republic of China: Final People’s Republic of China: Preliminary share common frame elements (e.g., two
Affirmative Countervailing Duty Determination and Alignment of Final posts). The term ‘‘boltless’’ refers to
Determination Determination with Final Antidumping Duty steel shelving in which the vertical and
Determination, 80 FR 5089 (January 30, 2015)
AGENCY: Enforcement and Compliance, (‘‘Preliminary Determination’’) and accompanying
horizontal supports forming the frame
International Trade Administration, Preliminary Decision Memorandum (‘‘PDM’’). are assembled primarily without the use
Department of Commerce.
3 See Memorandum to Scot T. Fullerton, Program of nuts and bolts, or screws. The vertical
Manager, from Susan S. Pulongbarit, Senior and horizontal support members for
SUMMARY: The Department of Commerce International Trade Analyst, ‘‘Countervailing Duty boltless steel shelving are assembled by
(‘‘Department’’) published the Investigation: Boltless Steel Shelving Units
methods such as, but not limited to,
Preliminary Determination of the Prepackaged for Sale from the People’s Republic of
China: Verification Report: Nanjing Topsun Racking fitting a rivet, punched or cut tab, or
countervailing duty (‘‘CVD’’) Manufacturing Co., Ltd. (‘‘Topsun’’) and Nanjing other similar connector on one support
investigation of boltless steel shelving Great Wall Co., Ltd. (‘‘Great Wall’’),’’ dated June 16, into a hole, slot or similar receptacle on
units prepackaged for sale (‘‘boltless 2015; Memorandum to Scot T. Fullerton, Program
another support. The supports lock
steel shelves’’) from the People’s Manager, from Paul Walker, Case Analyst,
‘‘Countervailing Duty Investigation of Boltless Steel together to form the frame for the
Republic of China (‘‘PRC’’) on January Shelving Units Prepackaged for Sale from the shelving unit, and provide the structural
30, 2015.1 The Department determines People’s Republic of China: Verification Report for integrity of the shelving unit separate
that countervailable subsidies are being Ningbo ETDZ Huixing Trade Co., Ltd.,’’ dated June
from the inclusion of any decking. The
provided to producers and exporters of 16, 2015; and Memorandum to Paul Walker, Acting
Program Manager, from Susan Pulongbarit, Case incidental use of nuts and bolts, or
boltless steel shelves from the PRC. For Analyst, ‘‘Countervailing Duty Investigation of screws to add accessories, wall anchors,
information on the estimated subsidy Boltless Steel Shelving Units Prepackaged for Sale tie-bars or shelf supports does not
rates, see the ‘‘Final Determination’’ from the People’s Republic of China: Verification remove the product from scope. Boltless
section of this notice. The period of Report,’’ dated June 17, 2015.
4 See Memorandum to Paul Piquado, Assistant steel shelving units may also come
investigation is January 1, 2013 through packaged as partially assembled, such as
Secretary, Enforcement and Compliance, from
December 31, 2013. Christian Marsh, Deputy Assistant Secretary, for when two upright supports are welded
DATES: Effective Date: August 26, 2015. Antidumping and Countervailing Duty Operations, together with front-to-back supports, or
‘‘Countervailing Duty Investigation of Boltless Steel
FOR FURTHER INFORMATION CONTACT:
Shelving Units Prepackaged for Sale from the
are otherwise connected, to form an end
Susan Pulongbarit (Topsun) or Paul People’s Republic of China: Post-Preliminary unit for the frame. The boltless steel
Walker (ETDZ), AD/CVD Operations, Determination Decision Memorandum,’’ dated May shelving covered by this investigation
Office V, Enforcement and Compliance, 29, 2015 (‘‘Post-preliminary Determination’’). may be commonly described as rivet
5 See Memorandum to Ronald K. Lorentzen,
International Trade Administration, shelving, welded frame shelving, slot
rmajette on DSK7SPTVN1PROD with NOTICES
Acting Assistant Secretary, Enforcement and
U.S. Department of Commerce, 14th Compliance, from Christian Marsh, Deputy
and tab shelving, and punched rivet
Assistant Secretary, for Antidumping and (quasi-rivet) shelving as well as by other
1 See Boltless Steel Shelving Units Prepackaged Countervailing Duty Operations, ‘‘Countervailing trade names. The term ‘‘deck’’ refers to
for Sale from the People’s Republic of China: Duty Investigation of Boltless Steel Shelving Units the shelf that sits on or fits into the
Preliminary Determination and Alignment of Final Prepackaged for Sale from the People’s Republic of
Determination with Final Antidumping Duty China: Issues and Decision Memorandum for the
horizontal supports (beams or braces) to
Determination, 80 FR 5089 (January 30, 2015) Final Determination,’’ dated concurrently with this provide the horizontal storage surface of
(‘‘Preliminary Determination’’). notice (‘‘I&D Memo’’). the shelving unit.
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Document Created: 2015-12-15 10:59:07
Document Modified: 2015-12-15 10:59:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective date August 26, 2015. | |
| Contact | Irene Gorelik, 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: 202-482-6905. | |
| FR Citation | 80 FR 51774 |
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