81 FR 40661 - Ammonium Sulfate From the People's Republic of China: Initiation of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 120 (June 22, 2016)
International Trade Administration
Federal Register Volume 81, Issue 120 (June 22, 2016)
| Page Range | 40661-40665 | |
| FR Document | 2016-14670 |
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)] [Notices] [Pages 40661-40665] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14670] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-050] Ammonium Sulfate From the People's Republic of China: Initiation of Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective June 14, 2016. FOR FURTHER INFORMATION CONTACT: Robert Galantucci at (202) 482-2923, or William Horn at (202) 482-2615, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On May 25, 2016, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of ammonium sulfate from the People's Republic of China (PRC), filed in proper form on behalf of PCI Nitrogen, LLC (Petitioner). The CVD petition was accompanied by an antidumping duty (AD) petition, also concerning imports of ammonium sulfate from the PRC.\1\ Petitioner is a domestic producer of ammonium sulfate.\2\ --------------------------------------------------------------------------- \1\ See ``Petition for the Imposition of Antidumping and Countervailing Duties: Ammonium Sulfate from the People's Republic of China,'' dated May 25, 2016 (Petitions). \2\ See Volume I of the Petitions, at 1, and Exhibit I-1. --------------------------------------------------------------------------- On May 31, 2016 and June 7, 2016 the Department requested information and clarification for certain areas of the CVD Petition.\3\ Petitioner filed responses to these requests on June 3, 2016 and June 9, 2016, respectively.\4\ --------------------------------------------------------------------------- \3\ See Letter from Robert Bolling to Petitioner, ``Petition for the Imposition of Countervailing Duties on Imports of Ammonium Sulfate from the People's Republic of China: Supplemental Questions,'' dated May 31, 2016; see also Letter from Robert Bolling to Petitioner, ``Petition for the Imposition of Countervailing Duties on Imports of Ammonium Sulfate from the People's Republic of China: Supplemental Questions,'' dated June 7, 2016. \4\ See Letter from Petitioner to Secretary of Commerce, ``Ammonium Sulfate from the People's Republic of China/Petitioner's Response to the Department's Questions Regarding the Petition,'' dated June 3, 2016 (CVD Supplement); see also Letter from Petitioner to Secretary of Commerce, ``Ammonium Sulfate from the People's Republic of China/Petitioner's Response to the Department's Questions Regarding the Petition,'' dated June 9, 2016 (CVD Second Supplement). --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), Petitioner alleges that the Government of the PRC (GOC) is providing countervailable subsidies (within the meaning of sections 701 and 771(5) of the Act) with respect to imports of ammonium sulfate from the PRC, and that imports of ammonium sulfate from the PRC are materially injuring, and threaten material injury to, the domestic industry producing ammonium sulfate in the United States. Also, consistent with section 702(b)(1) of the Act, for those alleged programs on which we have initiated a CVD investigation, the Petition is accompanied by information reasonably available to Petitioner supporting its allegations. The Department finds that Petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and that Petitioner has demonstrated sufficient industry support with respect to the initiation of the investigation Petitioner is requesting.\5\ --------------------------------------------------------------------------- \5\ See ``Determination of Industry Support for the Petition'' below. --------------------------------------------------------------------------- [[Page 40662]] Period of Investigation The period of investigation is January 1, 2015, through December 31, 2015.\6\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.204(b)(2). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is ammonium sulfate from the PRC. For a full description of the scope of this investigation, see ``Scope of Investigation'' at Appendix I of this notice. Comments on Scope of the Investigation During our review of the Petition, the Department issued questions to, and received responses from, Petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.\7\ --------------------------------------------------------------------------- \7\ See Letter from Robert Bolling to Petitioner ``Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Ammonium Sulfate from the People's Republic of China: Supplemental Questions,'' dated May 27, 2016 . --------------------------------------------------------------------------- As discussed in the preamble to the Department's regulations,\8\ we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope). The Department will consider all comments received from interested parties, and if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. In order to facilitate preparation of its questionnaires, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Monday, July 4, 2016, which is 20 calendar days from the signature date of this notice. However, as Monday July 4, 2016, is a Federal Holiday, interested parties may submit comments by 5:00 p.m. ET the next business day, Tuesday, July 5, 2016.\9\ Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Friday, July 15, 2016. The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must also be filed on the record of the concurrent AD investigation. --------------------------------------------------------------------------- \8\ See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). \9\ See Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). --------------------------------------------------------------------------- Filing Requirements All submissions to the Department must be filed electronically using Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).\10\ An electronically- filed document must be received successfully in its entirety by the time and date it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. --------------------------------------------------------------------------- \10\ See 19 CFR 351.303 (for general filing requirements); Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011), for details of the Department's electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook% 20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to section 702(b)(4)(A)(i) of the Act, the Department notified representatives of the GOC of the receipt of the Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the Department provided representatives of the GOC the opportunity for consultations with respect to the CVD petition.\11\ The GOC did not request consultations or submit comments to the Department on the alleged subsidy programs in lieu of consultations. --------------------------------------------------------------------------- \11\ See Letter of invitation from the Department, ``Countervailing Duty Petition on Ammonium Sulfate from the People's Republic of China,'' dated May 31, 2016. --------------------------------------------------------------------------- Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,\12\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\13\ --------------------------------------------------------------------------- \12\ See section 771(10) of the Act. \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition). With regard to the domestic like product, Petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that ammonium sulfate, as defined in the scope, constitutes a single domestic like product and we have analyzed industry [[Page 40663]] support in terms of that domestic like product.\14\ --------------------------------------------------------------------------- \14\ For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Ammonium Sulfate from the People's Republic of China (PRC CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Ammonium Sulfate from the People's Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether Petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ``Scope of the Investigation,'' in Appendix I of this notice. Petitioner and supporters of the Petition provided their own production of the domestic like product in 2015.\15\ Petitioner also provided data from The Fertilizer Institute to determine total 2015 production of the domestic like product by the entire domestic industry.\16\ To establish industry support, Petitioner compared the production of Petitioner and supporters of the Petition to the total 2015 production of the domestic like product for the entire domestic industry.\17\ We relied on data Petitioner provided for purposes of measuring industry support.\18\ --------------------------------------------------------------------------- \15\ See PRC CVD Initiation Checklist, at Attachment II. \16\ See PRC CVD Initiation Checklist, at Attachment II. \17\ See Volume I of the Petition, at 2-3, and Exhibits I-3, I- 4, and I-5; see also Letter from Petitioner to Secretary of Commerce, ``Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Ammonium Sulfate from the People's Republic of China: Supplemental Questions,'' dated June 1, 2016 (General Issues Supplement), at 5. \18\ See Volume I of the Petition, at 2-3, and Exhibits I-3, I- 4, and I-5; see also General Issues Supplement, at 5. For further discussion, see PRC CVD Initiation Checklist. --------------------------------------------------------------------------- Our review of the data provided in the Petition, General Issues Supplement, and other information readily available to the Department indicates that Petitioner has established industry support.\19\ First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).\20\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.\21\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.\22\ Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \19\ See PRC CVD Initiation Checklist, at Attachment II. \20\ See section 702(c)(4)(D) of the Act; see also PRC CVD Initiation Checklist, at Attachment II. \21\ See PRC CVD Initiation Checklist, at Attachment II. \22\ Id. --------------------------------------------------------------------------- The Department finds that Petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting the Department initiate.\23\ --------------------------------------------------------------------------- \23\ See PRC CVD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- Injury Test Because the PRC is a ``Subsidies Agreement Country'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation Petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, Petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\24\ --------------------------------------------------------------------------- \24\ See General Issues Supplement, at 5-6 and Exhibit I-S8. --------------------------------------------------------------------------- Petitioner contends that the industry's injured condition is illustrated by reduced market share, underselling and price suppression or depression, lost sales and revenues, decline in shipments and production, and decline in financial performance.\25\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.\26\ --------------------------------------------------------------------------- \25\ See Volume I of the Petition, at 15-23 and Exhibits I-13 through I-19; see also General Issues Supplement, at 5-6 and Exhibit I-S8. \26\ See PRC CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Ammonium Sulfate from the People's Republic of China (Attachment III). --------------------------------------------------------------------------- Initiation of Countervailing Duty Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to Petitioner supporting the allegations. Petitioner alleges that producers/exporters of ammonium sulfate in the PRC benefit from countervailable subsidies bestowed by the GOC. The Department examined the Petition and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, or exporters of ammonium sulfate from the PRC received countervailable subsidies from the GOC and various authorities thereof. On June 29, 2015, the President of the United States signed into law the Trade Preferences Extension Act of 2015, which made numerous amendments to the AD and CVD law.\27\ The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC.\28\ The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this CVD investigation.\29\ --------------------------------------------------------------------------- \27\ See Trade Preferences Extension Act of 2015, Public Law 114-27, 129 Stat. 362 (2015). \28\ See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl. \29\ Id., at 46794-95. --------------------------------------------------------------------------- [[Page 40664]] Based on our review of the petition, we find that there is sufficient information to initiate a CVD investigation on all 37 alleged programs in the PRC. For a full discussion of the basis for our decision to initiate on each program, see the PRC CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Respondent Selection Petitioner named 95 companies as producers/exporters of ammonium sulfate from the PRC.\30\ Following standard practice in CVD investigations, the Department will, where appropriate, select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of ammonium sulfate during the period of investigation under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) numbers listed in the scope in Appendix I, below. For this investigation, the Department will release CBP data for U.S. imports of subject merchandise during the period of investigation under the following HTSUS numbers: 3102.21.0000.\31\ We intend to release the CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO within five business days of the announcement of this Federal Register notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found at http://enforcement.trade.gov/apo/. --------------------------------------------------------------------------- \30\ See Volume I of the Petition, at Exhibit I-10; see also General Issues Supplement at Exhibit I-S1. \31\ See General Issues Supplement at Exhibit I-S2. --------------------------------------------------------------------------- Interested parties may submit comments regarding the CBP data and respondent selection by 5:00 p.m. ET on the seventh calendar day after publication of this notice. Comments must be filed in accordance with the filing requirements stated above. If respondent selection is necessary, we intend to base our decision regarding respondent selection upon comments received from interested parties and our analysis of the record information within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each known exporter (as named in the Petition), consistent with 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of ammonium sulfate from the PRC are materially injuring, or threatening material injury to, a U.S. industry.\32\ A negative ITC determination will result in the investigation being terminated; \33\ otherwise, this investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \32\ See section 703(a)(2) of the Act. \33\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)-(iv). The regulation requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Parties should review the regulations prior to submitting factual information in this investigation. Extension of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301 expires. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\34\ Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule. \35\ The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. --------------------------------------------------------------------------- \34\ See section 782(b) of the Act. \35\ See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate [[Page 40665]] in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. Dated: June 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation 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 )2 SO4 . 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 this investigation. 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 this investigation is not excluded when commingled (i.e., mixed or combined) with ammonium sulfate from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigation. The Chemical Abstracts Service (CAS) registry number for ammonium sulfate is 7783-20-2. The merchandise covered by this investigation 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 the investigation is dispositive. [FR Doc. 2016-14670 Filed 6-21-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40661
presentations will be limited to issues are also excluded from the scope of the sulfate from the People’s Republic of
raised in the briefs. If a request for a Order. Note 4. China (PRC), filed in proper form on
hearing is made, parties will be notified Also excluded are imports of organic pasta behalf of PCI Nitrogen, LLC (Petitioner).
of the time and date for the hearing to from Italy that are certified by an EU The CVD petition was accompanied by
authorized body in accordance with the
be held at the U.S. Department of United State Department of Agriculture’s
an antidumping duty (AD) petition, also
Commerce, 1401 Constitution Avenue National Organic Program for organic concerning imports of ammonium
NW., Washington, DC 20230.13 products. The organic pasta certification sulfate from the PRC.1 Petitioner is a
must be retained by exporters and importers domestic producer of ammonium
Final Results of the Review
and made available to U.S. Customs and sulfate.2
In accordance with 19 CFR Border Protection or the Department of On May 31, 2016 and June 7, 2016 the
351.216(e), the Department intends to Commerce upon request. Department requested information and
issue the final results of this changed The merchandise subject to this order is clarification for certain areas of the CVD
circumstances review not later than 270 currently classifiable under items
Petition.3 Petitioner filed responses to
1901.90.90.95 and 1902.19.20 of the
days after the date on which the review these requests on June 3, 2016 and June
Harmonized Tariff Schedule of the United
is initiated, or within 45 days if all States (HTSUS). Although the HTSUS 9, 2016, respectively.4
parties agree to our preliminary finding. subheadings are provided for convenience In accordance with section 702(b)(1)
Notification to Parties and Customs purposes, the written of the Tariff Act of 1930, as amended
description of the merchandise subject to the (the Act), Petitioner alleges that the
This initiation and preliminary results Order is dispositive. Government of the PRC (GOC) is
of review notice is published in Note 1: See Memorandum to Richard providing countervailable subsidies
accordance with sections 751(b)(1) and Moreland, dated August 25, 1997, which is (within the meaning of sections 701 and
777(i) of the Act and 19 CFR 351.216 on file in the CRU. 771(5) of the Act) with respect to
and 351.221(c)(3)(ii). Note 2: See Certain Pasta from Italy: Notice imports of ammonium sulfate from the
Dated: June 14, 2016. of Final Results of Antidumping Duty PRC, and that imports of ammonium
Paul Piquado, Changed Circumstances Review and sulfate from the PRC are materially
Revocation, in Part, 74 FR 41120 (August 14, injuring, and threaten material injury to,
Assistant Secretary for Enforcement and 2009).
Compliance. the domestic industry producing
Note 3: See Certain Pasta From Italy: Final ammonium sulfate in the United States.
Appendix Results of Countervailing Duty Changed Also, consistent with section 702(b)(1)
Scope of the AD and CVD Orders on Certain Circumstances Review and Revocation, In of the Act, for those alleged programs on
Pasta From Italy 1 Part, 76 FR 27634 (May 12, 2011). which we have initiated a CVD
Imports covered by this Order are Note 4: See Certain Pasta From Italy: Final investigation, the Petition is
shipments of certain non-egg dry pasta in Results of Antidumping Duty and accompanied by information reasonably
packages of five pounds four ounces or less, Countervailing Duty Changed Circumstances available to Petitioner supporting its
whether or not enriched or fortified or Reviews and Revocation, in Part, 79 FR allegations.
containing milk or other optional ingredients 58319, 58320 (September 29, 2014).
The Department finds that Petitioner
such as chopped vegetables, vegetable [FR Doc. 2016–14672 Filed 6–21–16; 8:45 am] filed the Petition on behalf of the
purees, milk, gluten, diastasis, vitamins, domestic industry because it is an
BILLING CODE 3510–DS–P
coloring and flavorings, and up to two
percent egg white. The pasta covered by the
interested party as defined in section
scope of the Order is typically sold in the 771(9)(C) of the Act, and that Petitioner
retail market, in fiberboard or cardboard DEPARTMENT OF COMMERCE has demonstrated sufficient industry
cartons, or polyethylene or polypropylene support with respect to the initiation of
bags of varying dimensions. International Trade Administration the investigation Petitioner is
Excluded from the scope of this Order are [C–570–050] requesting.5
refrigerated, frozen, or canned pastas, as well
as all forms of egg pasta, with the exception Ammonium Sulfate From the People’s 1 See ‘‘Petition for the Imposition of Antidumping
of non-egg dry pasta containing up to two Republic of China: Initiation of and Countervailing Duties: Ammonium Sulfate
percent egg white. Multicolored pasta, from the People’s Republic of China,’’ dated May
imported in kitchen display bottles of
Countervailing Duty Investigation
25, 2016 (Petitions).
decorative glass that are sealed with cork or AGENCY: Enforcement and Compliance, 2 See Volume I of the Petitions, at 1, and Exhibit
paraffin and bound with raffia, is excluded International Trade Administration, I–1.
from the scope of the Order. Note 1. Pursuant 3 See Letter from Robert Bolling to Petitioner,
to the Department’s August 14, 2009,
Department of Commerce. ‘‘Petition for the Imposition of Countervailing
changed circumstances review, effective July DATES: Effective June 14, 2016. Duties on Imports of Ammonium Sulfate from the
1, 2008, gluten free pasta is also excluded People’s Republic of China: Supplemental
FOR FURTHER INFORMATION CONTACT: Questions,’’ dated May 31, 2016; see also Letter
from the scope of the Order.2 Note 2. Robert Galantucci at (202) 482–2923, or from Robert Bolling to Petitioner, ‘‘Petition for the
Pursuant to the Department’s May 12, 2011, William Horn at (202) 482–2615, AD/ Imposition of Countervailing Duties on Imports of
changed circumstances review, effective Ammonium Sulfate from the People’s Republic of
January 1, 2009, gluten free pasta is also
CVD Operations, Enforcement and
China: Supplemental Questions,’’ dated June 7,
excluded from the scope of the Order.3 Note Compliance, International Trade 2016.
3. Effective January 1, 2012, ravioli and Administration, U.S. Department of 4 See Letter from Petitioner to Secretary of
tortellini filled with cheese and/or vegetables Commerce, 14th Street and Constitution Commerce, ‘‘Ammonium Sulfate from the People’s
Avenue NW., Washington, DC 20230. Republic of China/Petitioner’s Response to the
mstockstill on DSK3G9T082PROD with NOTICES
Department’s Questions Regarding the Petition,’’
13 See 19 CFR 351.310(d). SUPPLEMENTARY INFORMATION: dated June 3, 2016 (CVD Supplement); see also
1 This scope language will be used in the Letter from Petitioner to Secretary of Commerce,
antidumping and countervailing duty orders on The Petition ‘‘Ammonium Sulfate from the People’s Republic of
pasta from Italy. China/Petitioner’s Response to the Department’s
2 This sentence is applicable only to the AD Italy
On May 25, 2016, the Department of
Questions Regarding the Petition,’’ dated June 9,
Pasta Order. Commerce (the Department) received a 2016 (CVD Second Supplement).
3 This sentence is applicable only to the CVD Italy countervailing duty (CVD) petition 5 See ‘‘Determination of Industry Support for the
Pasta Order. concerning imports of ammonium Petition’’ below.
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![Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40665
in this investigation should ensure that DEPARTMENT OF COMMERCE In accordance with section 732(b) of
they meet the requirements of these the Tariff Act of 1930, as amended (the
procedures (e.g., the filing of letters of International Trade Administration Act), Petitioner alleges that imports of
appearance as discussed at 19 CFR [A–570–049] ammonium sulfate from the PRC are
351.103(d)). being, or are likely to be, sold in the
Ammonium Sulfate From the People’s United States at less-than-fair value
This notice is issued and published
Republic of China: Initiation of Less- within the meaning of section 731 of the
pursuant to sections 702 and 777(i) of Act, and that such imports are
the Act. Than-Fair-Value Investigation
materially injuring, or threatening
Dated: June 14, 2016. AGENCY: Enforcement and Compliance, material injury to, an industry in the
Paul Piquado,
International Trade Administration, United States. Also, consistent with
Department of Commerce. section 732(b)(1) of the Act, the Petition
Assistant Secretary for Enforcement and
Compliance. DATES: Effective date: June 14, 2016. is accompanied by information
FOR FURTHER INFORMATION CONTACT: reasonably available to Petitioner
Appendix I Thomas Martin at (202) 482–3936 or supporting its allegations.
Andrew Martinez (202) 482–3627, AD/ The Department finds that Petitioner
Scope of the Investigation
CVD Operations, Enforcement & filed this Petition on behalf of the
The merchandise covered by this domestic industry because Petitioner is
Compliance, U.S. Department of
investigation is ammonium sulfate in all an interested party as defined in section
Commerce, 14th Street and Constitution
physical forms, with or without additives 771(9)(C) of the Act. The Department
Avenue NW., Washington, DC 20230.
such as anti-caking agents. Ammonium also finds that Petitioner demonstrated
sulfate, which may also be spelled as SUPPLEMENTARY INFORMATION:
sufficient industry support with respect
ammonium sulphate, has the chemical The Petition to the initiation of the AD investigation
formula (NH4)2SO4. that Petitioner is requesting.6
The scope includes ammonium sulfate that On May 25, 2016, the Department of
is combined with other products, including Commerce (the Department) received an Period of Investigation
by, for example, blending (i.e., mixing antidumping duty (AD) petition Because the Petition was filed on May
granules of ammonium sulfate with granules concerning imports of ammonium 25, 2016, pursuant to 19 CFR
of one or more other products), compounding sulfate from the People’s Republic of 351.204(b)(1), the period of
(i.e., when ammonium sulfate is compacted China (PRC), filed in proper form on investigation (POI) is October 1, 2015
with one or more other products under high behalf of PCI Nitrogen, LLC (PCI or through March 31, 2016.
pressure), or granulating (incorporating Petitioner).1 The AD petition was
multiple products into granules through, e.g., accompanied by a countervailing duty Scope of the Investigation
a slurry process). For such combined (CVD) petition for ammonium sulfate The product covered by this
products, only the ammonium sulfate from the PRC.2 Petitioner is a domestic investigation is ammonium sulfate from
component is covered by the scope of this producer of ammonium sulfate.3 the PRC. For a full description of the
investigation. On May 27, 2016 and June 3, 2016, scope of this investigation, see the
Ammonium sulfate that has been the Department requested additional ‘‘Scope of the Investigation,’’ in
combined with other products is included information and clarification of certain Appendix I of this notice.
within the scope regardless of whether the areas of the Petition.4 Petitioner filed
combining occurs in countries other than responses to these requests on June 1 Comments on Scope of the Investigation
China. and 6, 2016.5 During our review of the Petition, the
Ammonium sulfate that is otherwise Department issued questions to, and
subject to this investigation is not excluded 1 See the Petition for the Imposition of received responses from, Petitioner
when commingled (i.e., mixed or combined) Antidumping and Countervailing Duties on pertaining to the proposed scope to
Ammonium Sulfate from the People’s Republic of
with ammonium sulfate from sources not China, dated May 25, 2016 (the Petition) at Volumes
ensure that the scope language in the
subject to this investigation. Only the subject I and II. Petition would be an accurate reflection
component of such commingled products is 2 Id., at Volume III. of the products for which the domestic
covered by the scope of this investigation. 3 Id., at Volume I, at 1. industry is seeking relief.7
The Chemical Abstracts Service (CAS) 4 See the Letter from the Department to Petitioner As discussed in the preamble to the
registry number for ammonium sulfate is entitled, ‘‘Petition for the Imposition of Department’s regulations,8 we are
Antidumping and Countervailing Duties on Imports setting aside a period for interested
7783–20–2. of Ammonium Sulfate from the People’s Republic
The merchandise covered by this of China: Supplemental Questions,’’ dated May 27, parties to raise issues regarding product
investigation is currently classifiable under 2016 (General Issues Supplemental Questionnaire); coverage (scope). The Department will
Harmonized Tariff Schedule of the United see also the Letter from the Department to Petitioner consider all comments received from
States (HTSUS) subheading 3102.21.0000. entitled, ‘‘Petition for the Imposition of parties and, if necessary, will consult
Antidumping Duties on Imports of Ammonium
Although this HTSUS subheading and CAS Sulfate from the People’s Republic of China:
registry number are provided for convenience Supplemental Questions,’’ dated May 27, 2016 (AD Republic of China/Petitioner’s Response to the
and customs purposes, the written Supplemental Questionnaire); see also the Letter Department’s Questions Regarding the Petition,’’
from the Department to Petitioner entitled, dated June 1, 2016 (AD Supplement) ; see also the
description of the scope of the investigation Letter from Petitioner to the Department entitled,
‘‘Petition for the Imposition of Antidumping Duties
is dispositive. on Imports of Ammonium Sulfate from the People’s ‘‘Ammonium Sulfate from the People’s Republic of
[FR Doc. 2016–14670 Filed 6–21–16; 8:45 am] Republic of China: Supplemental Questions,’’ dated China/Petitioner’s Response to the Department’s
mstockstill on DSK3G9T082PROD with NOTICES
June 3, 2016 (Second AD Supplemental Questions Regarding the Petition,’’ dated June 6,
BILLING CODE 3510–DS–P 2016 (Second AD and General Issues Supplement).
Questionnaire).
5 See the Letter from Petitioner to the Department 6 See the ‘‘Determination of Industry Support for
entitled, ‘‘Ammonium Sulfate from the People’s the Petition’’ section below.
7 See General Issues Supplemental Questionnaire
Republic of China/Petitioner’s Response to the
Department’s Questions Regarding the Petition,’’ at 2, and General Issues Supplement at 2–4, and
dated June 1, 2016 (General Issues Supplement); see Exhibits I–S2 and I–S3.
also the Letter from Petitioner to the Department 8 See Antidumping Duties; Countervailing Duties,
entitled, ‘‘Ammonium Sulfate from the People’s 62 FR 27296, 27323 (May 19, 1997).
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Document Created: 2016-06-22 01:06:33
Document Modified: 2016-06-22 01:06:33
| 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 June 14, 2016. | |
| Contact | Robert Galantucci at (202) 482-2923, or William Horn at (202) 482-2615, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 81 FR 40661 |
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