81 FR 41522 - Calcium Hypochlorite From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd.
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 123 (June 27, 2016)
International Trade Administration
Federal Register Volume 81, Issue 123 (June 27, 2016)
| Page Range | 41522-41524 | |
| FR Document | 2016-15135 |
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)] [Notices] [Pages 41522-41524] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15135] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-008] Calcium Hypochlorite From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd. AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a July 17, 2015 request from Haixing Jingmei Chemical Products Sales Co., Ltd. (``Jingmei''), and its affiliated producer, Haixing Eno Chemical Co., Ltd. (``Eno''), the Department of Commerce (the Department) is conducting a new shipper review of Haixing Jingmei Chemical Products Sales Co., Ltd. (``Jingmei''), regarding the antidumping duty order on calcium hypochlorite from the People's Republic of China (``PRC''). The period of review (``POR'') [[Page 41523]] is July 25, 2014, through June 30, 2015.\1\ The Department preliminarily determines to rescind this review because we requested but were not provided sufficient information to conduct a bona fide analysis as required by the statute, and accordingly cannot determine whether Jingmei's new shipper sales are bona fide. Interested parties are invited to comment on these preliminary results. --------------------------------------------------------------------------- \1\ See Calcium Hypochlorite From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015, 80 FR 51774 (August 26, 2015). --------------------------------------------------------------------------- DATES: Effective Date: June 27, 2016. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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- 2593. SUPPLEMENTARY INFORMATION: Background On August 26, 2015, the Department published notice of initiation of a new shipper review of calcium hypochlorite from the PRC for the period July 25, 2014, through June 30, 2015.\2\ On November 5, 2015, the Department extended the deadline for the preliminary results to June 14, 2016.\3\ The Department tolled the deadline for these preliminary results by an additional four business days as a result of the Government closure due to Snowstorm ``Jonas,'' which extended the deadline to June 20, 2016.\4\ --------------------------------------------------------------------------- \2\ See Calcium Hypochlorite From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015, 80 FR 51774 (August 26, 2015). \3\ See Memorandum to the File through James C. Doyle, Director, Office V, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations ``Extension of Deadline for Preliminary Results of New Shipper Review; 2014-2015'' (November 5, 2015). \4\ See Memorandum for the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement and Compliance ``Tolling of Administrative Deadlines as a Result of the Government Closure during Snowstorm `Jonas' '' (January 27, 2016). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the Order is calcium hypochlorite, regardless of form (e.g., powder, tablet (compressed), crystalline (granular), or in liquid solution), whether or not blended with other materials, containing at least 10% available chlorine measured by actual weight. Calcium hypochlorite is currently classifiable under the subheading 2828.10.0000 of the Harmonized Tariff Schedule of the United States.\5\ --------------------------------------------------------------------------- \5\ See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations ``Decision Memorandum for the Preliminary Results of the Antidumping Duty New Shipper Review of Calcium Hypochlorite from the People's Republic of China: Haixing Jingmei Chemical Products Sales Co., Ltd.'' dated concurrently with and hereby adopted by this notice (``Preliminary Decision Memorandum'') for a complete description of the Scope of the Order. See also Memorandum to James Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, through Catherine Bertrand, Program Manager, Office V, Antidumping and Countervailing Duty Operations, from Kabir Archuletta, Senior International Trade Analyst, titled ``Bona Fide Nature of the Sales in the Antidumping Duty New Shipper Review of Calcium Hypochlorite from the People's Republic of China: Haixing Jingmei Chemical Products Sales Co., Ltd.'' dated concurrently with this notice. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov and in the Department's Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Rescission of Jingmei New Shipper Review For the reasons detailed in the Preliminary Decision Memorandum, the Department preliminarily finds that, as a result of Jingmei's customers' failure to provide necessary information, we cannot determine whether Jingmei's sales under review are bona fide, and, therefore, whether they provide a reasonable or reliable basis for calculating a dumping margin. As result, the Department is preliminarily rescinding the new shipper review of Jingmei. Disclosure and Public Comment The Department will disclose the analysis performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit written comments by no later than 30 days after the date of publication of these preliminary results of review.\6\ Rebuttals, limited to issues raised in the written comments, may be filed by no later than five days after the written comments are filed.\7\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.309(c). \7\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- Any interested party may request a hearing within 30 days of publication of this notice.\8\ Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\9\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.310(c). \9\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- The Department intends to issue the final results of this new shipper review, which will include the results of its analysis of issues raised in any such comments, within 90 days of publication of these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act. Assessment Rates Upon completion of the final results, pursuant to 19 CFR 351.212(b), the Department will determine, and the U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries. If we proceed to a final rescission of the new shipper review, Jingmei's entries will be assessed at the rate entered.\10\ If we do not proceed to a final rescission of the new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific assessment rates. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis.\11\ --------------------------------------------------------------------------- \10\ See 19 CFR 351.212(c). \11\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this new [[Page 41524]] shipper review, we will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Jingmei. If the Department proceeds to a final rescission of the new shipper review, the cash deposit rate will continue to be the PRC-wide rate. If we issue final results of the new shipper review for Jingmei, we will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. The Department is issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(l) of the Act, and 19 CFR 351.214 and 19 CFR 351.221(b)(4). Dated: June 20, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Recommendation [FR Doc. 2016-15135 Filed 6-24-16; 8:45 am] BILLING CODE 3510-DS-P
![41522 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
errors in our calculation of Deacero’s regard to antidumping duties, in amount of antidumping duties
margin for the Final Results. For a accordance with 19 CFR 351.106(c)(2). reimbursed.
complete discussion of these For entries of subject merchandise
during the POR produced by a Administrative Protective Order
allegations, see the Department’s
Ministerial Errors Memorandum.6 respondent for which it did not know This notice also serves as a reminder
In accordance with section 751(h) of that its merchandise was destined for to parties subject to administrative
the Act and 19 CFR 351.224(e), we are the United States, we will instruct CBP protective orders (APO) of their
amending the Final Results.7 The to liquidate unreviewed entries at the responsibility concerning the return or
revised weighted-average dumping all-others rate if there is no rate for the destruction of proprietary information
margin is detailed below. intermediate company(ies) involved in disclosed under APO in accordance
the transaction. For a full discussion of with 19 CFR 351.305(a)(3), which
Amended Final Results this assessment practice, see continues to govern business
As a result of correcting for these Antidumping and Countervailing Duty proprietary information in this segment
ministerial errors, we determine the Proceedings: Assessment of of the proceeding. Timely written
following margin exists for the period Antidumping Duties, 68 FR 23954 (May notification of the return/destruction of
October 1, 2012, through September 30, 6, 2003). APO materials, or conversion to judicial
2013. Cash Deposit Requirements protective order, is hereby requested.
Failure to comply with the regulations
Weighted- The following cash deposit and the terms of an APO is a
average requirements will be effective upon sanctionable violation.
Manufacturer/exporter dumping publication of the notice of amended
margin final results of administrative review for Disclosure
(percent)
all shipments of subject merchandise We will disclose the calculations
Deacero S.A.P.I. de C.V. 1.13 ad valorem. entered, or withdrawn from warehouse, performed for these amended final
and Deacero USA, Inc. for consumption on or after the results to interested parties within five
(collectively, Deacero). publication of the amended final results business days of the date of publication
of this administrative review, as of this notice in accordance with 19 CFR
Assessment Rate provided by section 751(a)(2) of the Act: 351.224(b)
(1) The cash deposit rate for Deacero We are issuing and publishing this
Pursuant to section 751(a)(2)(C) of the will be the rate established in the
Act, and 19 CFR 351.212(b), the notice in accordance with sections
amended final results of this 751(a)(1) and 777(i)(1) of the Act and 19
Department will determine, and U.S. administrative review; (2) for
Customs and Border Protection (‘‘CBP’’) CFR 351.224(e).
merchandise exported by manufacturers
shall assess, antidumping duties on all or exporters not covered in this Dated: June 21, 2016.
appropriate entries of subject administrative review but covered in a Ronald K. Lorentzen,
merchandise in accordance with the prior segment of the proceeding, the Acting Assistant Secretary for Enforcement
amended final results of this review. cash deposit rate will continue to be the and Compliance.
The Department intends to issue company-specific rate published for the [FR Doc. 2016–15130 Filed 6–24–16; 8:45 am]
assessment instructions to CBP 41 days most recent period; (3) if the exporter is BILLING CODE 3510–DS–P
after the date of publication of these not a firm covered in this review, a prior
amended final results of review. review, or the original investigation, but
For assessment purposes, the the manufacturer is, the cash deposit DEPARTMENT OF COMMERCE
Department applied the assessment rate rate will be the rate established for the
calculation method adopted in most recent period for the manufacturer International Trade Administration
Antidumping Proceedings: Calculation of the merchandise; and (4) the cash
of the Weighted-Average Dumping deposit rate for all other manufacturers [A–570–008]
Margin and Assessment Rate in Certain or exporters will continue to be 20.11
Antidumping Proceedings: Final percent, the all-others rate established Calcium Hypochlorite From the
Modification, 77 FR 8101 (February 14, in the investigation.8 These cash deposit People’s Republic of China:
2012). requirements, when imposed, shall Preliminary Intent To Rescind the New
We calculated such rates based on the remain in effect until further notice. Shipper Review of Haixing Jingmei
ratio of the total amount of dumping Chemical Products Sales Co., Ltd.
calculated for the examined sales to the Notification to Importers
total entered value of the sales for which This notice serves as a final reminder AGENCY: Enforcement and Compliance,
entered value was reported. If an to importers of their responsibility International Trade Administration,
importer-specific assessment rate is zero under 19 CFR 351.402(f)(2) to file a Department of Commerce.
or de minimis (i.e., less than 0.50 certificate regarding the reimbursement SUMMARY: In response to a July 17, 2015
percent) or the exporter has a weighted- of antidumping duties prior to request from Haixing Jingmei Chemical
average dumping margin that is zero or liquidation of the relevant entries Products Sales Co., Ltd. (‘‘Jingmei’’),
de minimis, the Department will during this review period. Failure to and its affiliated producer, Haixing Eno
instruct CBP to assess that importer’s comply with this requirement could Chemical Co., Ltd. (‘‘Eno’’), the
entries of subject merchandise without result in the Secretary’s presumption Department of Commerce (the
mstockstill on DSK3G9T082PROD with NOTICES
that reimbursement of antidumping Department) is conducting a new
6 See ‘‘2012–2013 Administrative Review of the duties occurred and the subsequent shipper review of Haixing Jingmei
Antidumping Order on Carbon and Certain Alloy increase in antidumping duties by the Chemical Products Sales Co., Ltd.
Steel Wire Rod from Mexico: Ministerial Error (‘‘Jingmei’’), regarding the antidumping
Allegations for Final Results’’ dated concurrently 8 See Notice of Antidumping Duty Orders: Carbon
duty order on calcium hypochlorite
with this notice (‘‘Ministerial Errors and Certain Alloy Steel Wire Rod from Brazil,
Memorandum’’). Indonesia, Mexico, Moldova, Trinidad and Tobago,
from the People’s Republic of China
7 Id. and Ukraine, 67 FR 65945 (October 29, 2002). (‘‘PRC’’). The period of review (‘‘POR’’)
VerDate Sep<11>2014 18:52 Jun 24, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\27JNN1.SGM 27JNN1](https://thefederalregister.org/doc/81_FR_41645/page/1.svg)
![41524 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
shipper review, we will instruct CBP to form for a permit to conduct research on Sea. Specific goals are to: (1) Continue
discontinue the option of posting a bond 16 species of cetaceans. and expand a study of humpback
or security in lieu of a cash deposit for DATES: Written, telefaxed, or email whales (Megaptera novaeangliae); (2)
entries of subject merchandise by comments must be received on or before study sperm whale (Physeter
Jingmei. If the Department proceeds to July 27, 2016. macrocephalus) movements, foraging
a final rescission of the new shipper ADDRESSES: The application and related behavior, and depredation on longline
review, the cash deposit rate will documents are available for review by fishing gear; (3) study killer whale
continue to be the PRC-wide rate. If we selecting ‘‘Records Open for Public (Orcinus orca) seasonal movements,
issue final results of the new shipper Comment’’ from the ‘‘Features’’ box on foraging, migration patterns and
review for Jingmei, we will instruct CBP the Applications and Permits for depredation; and (4) enhance the body
to collect cash deposits, effective upon Protected Species (APPS) home page, of knowledge, stock structure, and
the publication of the final results, at https://apps.nmfs.noaa.gov, and then current status of other cetacean species
the rates established therein. selecting File No. 18529 from the list of in the study area. In addition to the
available applications. three focus species, six other large
Notification to Importers
These documents are also available whale species and seven other small
This notice also serves as a upon written request or by appointment cetaceans would be targeted for
preliminary reminder to importers of in the Permits and Conservation research. The permit would be valid for
their responsibility under 19 CFR Division, Office of Protected Resources, five years.
351.402(f)(2) to file a certificate NMFS, 1315 East-West Highway, Room In compliance with the National
regarding the reimbursement of 13705, Silver Spring, MD 20910; phone Environmental Policy Act of 1969 (42
antidumping duties prior to liquidation (301) 427–8401; fax (301) 713–0376. U.S.C. 4321 et seq.), an initial
of the relevant entries during this Written comments on this application determination has been made that the
review period. Failure to comply with should be submitted to the Chief, activity proposed is categorically
this requirement could result in the Permits and Conservation Division, at excluded from the requirement to
Department’s presumption that the address listed above. Comments may prepare an environmental assessment or
reimbursement of antidumping duties also be submitted by facsimile to (301) environmental impact statement.
occurred and the subsequent assessment 713–0376, or by email to Concurrent with the publication of
of double antidumping duties. NMFS.Pr1Comments@noaa.gov. Please this notice in the Federal Register,
The Department is issuing and include the File No. in the subject line NMFS is forwarding copies of the
publishing these results in accordance of the email comment. application to the Marine Mammal
with sections 751(a)(2)(B) and 777(i)(l) Those individuals requesting a public Commission and its Committee of
of the Act, and 19 CFR 351.214 and 19 hearing should submit a written request Scientific Advisors.
CFR 351.221(b)(4). to the Chief, Permits and Conservation Dated: June 21, 2016.
Dated: June 20, 2016. Division at the address listed above. The Julia Harrison,
Ronald K. Lorentzen, request should set forth the specific Chief, Permits and Conservation Division,
Acting Assistant Secretary for Enforcement reasons why a hearing on this Office of Protected Resources, National
and Compliance. application would be appropriate. Marine Fisheries Service.
FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–15095 Filed 6–24–16; 8:45 am]
Appendix Carrie Hubard or Amy Sloan, (301) 427– BILLING CODE 3510–22–P
List of Topics Discussed in the Preliminary 8401.
Decision Memorandum SUPPLEMENTARY INFORMATION: The
I. Summary subject permit is requested under the DEPARTMENT OF COMMERCE
II. Background authority of the Marine Mammal
III. Scope of the Order Protection Act of 1972, as amended United States Patent and Trademark
IV. Discussion of the Methodology (MMPA; 16 U.S.C. 1361 et seq.), the Office
V. Recommendation regulations governing the taking and
[FR Doc. 2016–15135 Filed 6–24–16; 8:45 am] importing of marine mammals (50 CFR Submission for OMB Review;
BILLING CODE 3510–DS–P part 216), the Endangered Species Act of Comment Request; Patent Cooperation
1973, as amended (ESA; 16 U.S.C. 1531 Treaty
et seq.), and the regulations governing The United States Patent and
DEPARTMENT OF COMMERCE the taking, importing, and exporting of Trademark Office (USPTO) will submit
endangered and threatened species (50 to the Office of Management and Budget
National Oceanic and Atmospheric CFR parts 222–226).
Administration (OMB) for clearance the following
The applicant proposes to further the proposal for collection of information
understanding of large whales in under the provisions of Paperwork
RIN 0648–XE689 Alaskan waters by conducting vessel Reduction Act (44 U.S.C. Chapter 35).
research, including photo-identification, Agency: United States Patent and
Marine Mammals; File No. 18529
behavioral observations, acoustic Trademark Office, Commerce.
AGENCY: National Marine Fisheries playbacks, biopsy sampling, suction cup Title: Patent Cooperation Treaty.
Service (NMFS), National Oceanic and and dart tagging, underwater OMB Control Number: 0651–0021.
Atmospheric Administration (NOAA), photography/video, and prey-mapping Form Numbers:
mstockstill on DSK3G9T082PROD with NOTICES
Commerce. sonar. Prey samples, blow, sloughed • PCT/RO/101
ACTION: Notice; receipt of application. skin and feces would also be collected. • PCT/RO/134
Research would occur in all Alaskan • PCT/IB/372
SUMMARY: Notice is hereby given that waters, including southeastern Alaska, • PCT/IPEA/401
Janice Straley, Ph.D., University of Glacier Bay National Park and Preserve, • PTO–1382
Alaska Southeast, 1332 Sward Ave., Prince William Sound, Gulf of Alaska, • PTO–1390
Sitka, AK 99835, has applied in due Bering Sea, Chukchi Sea, and Beaufort • PTO/SB/61/PCT
VerDate Sep<11>2014 18:52 Jun 24, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\27JNN1.SGM 27JNN1](https://thefederalregister.org/doc/81_FR_41645/page/3.svg)
Document Created: 2016-06-25 02:06:46
Document Modified: 2016-06-25 02:06:46
| 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 | |
| Contact | Kabir Archuletta, 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- 2593. | |
| FR Citation | 81 FR 41522 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR