81_FR_62258 81 FR 62084 - Countervailing Duty Investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination

81 FR 62084 - Countervailing Duty Investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 174 (September 8, 2016)

Page Range62084-62086
FR Document2016-21483

The Department of Commerce (the ``Department'') preliminarily determines that countervailable subsidies are being provided to producers and exporters of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'') from the People's Republic of China (the ``PRC''). We invite interested parties to comment on this preliminary determination.

Federal Register, Volume 81 Issue 174 (Thursday, September 8, 2016)
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62084-62086]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21483]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-046]


Countervailing Duty Investigation of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid From the People's Republic of China: Preliminary 
Affirmative Determination and Alignment of Final Determination With 
Final Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the ``Department'') preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid 
(``HEDP'') from the People's Republic of China (the ``PRC''). We invite 
interested parties to comment on this preliminary determination.

DATES: Effective September 8, 2016.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Andrew Devine, 
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 202.482.2243 
or 202.482.0238, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The merchandise covered by this investigation includes all grades 
of aqueous acidic (non-neutralized) concentrations of HEDP, also 
referred to as hydroxyethylidenendiphosphonic acid, 
hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic 
acid. The Chemical Abstract Service (``CAS'') registry number for HEDP 
is 2809-21-4.
    The merchandise subject to this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') at subheading 2931.90.9043. It may also enter under HTSUS 
subheadings 281.19.6090 and 2931.90.9041. While HTSUS subheadings and 
the CAS registry number are provided for convenience and customs 
purposes only, the written description of the scope of this 
investigation is dispositive.

Methodology

    The Department is conducting this countervailing duty (``CVD'') 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the ``Act''). For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memo.\1\ The Preliminary Decision Memo is a public document and is on 
file electronically via Enforcement & Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System 
(``ACCESS'').\2\

[[Page 62085]]

ACCESS is available to registered users at http://access.trade.gov, and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memo can be accessed directly on 
the Internet at http://trade.gov/enforcement/frn/index.html. The signed 
Preliminary Decision Memo and the electronic versions of the 
Preliminary Decision Memo are identical in content.
---------------------------------------------------------------------------

    \1\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Countervailing Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic 
of China: Decision Memorandum for the Preliminary Determination,'' 
dated concurrently with this notice (``Preliminary Decision Memo'').
    \2\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046.
---------------------------------------------------------------------------

    In making these findings, we relied, in part, on facts available 
and, because one or more respondents did not act to the best of their 
ability to respond to the Department's requests for information, we 
drew an adverse inference where appropriate in selecting from among the 
facts otherwise available.\3\ For further information, see ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memo.
---------------------------------------------------------------------------

    \3\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), we are aligning the final CVD determination in this 
investigation with the final determination in the companion antidumping 
duty (``AD'') investigation of HEDP from the PRC.\4\ Consequently, the 
final CVD determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
January 10, 2017, unless postponed. See Preliminary Decision Memo.
---------------------------------------------------------------------------

    \4\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the 
People's Republic of China: Initiation of Less-
    Than-Fair-Value Investigation, 81 FR 25377 (April 28, 2016).
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated an estimated individual countervailable subsidy rate for 
each producer/exporter of the subject merchandise individually 
investigated. We preliminarily determine these rates to be:
---------------------------------------------------------------------------

    \5\ Including Jianghai Environmental Protection Co., Ltd.

------------------------------------------------------------------------
                                                               Subsidy
                          Company                                rate
------------------------------------------------------------------------
Shandong Taihe Chemicals Co., Ltd. (``Taihe Chemicals'')            2.37
 and Shandong Taihe Water Treatment Technologies Co., Ltd.
 (``Taihe Technologies'')..................................
Nanjing University of Chemical Technology Changzhou Wujin           1.04
 Water Quality Stabilizer Factory (``Wujin Water'')........
All Others \5\.............................................         1.71
* Changzhou Kewei Fine Chemicals Co., Ltd..................        36.33
* Hebei Longke Water Treatment Co., Ltd....................        36.33
* Shandong Huayou Chemistry Co., Ltd.......................        36.33
* Shandong Xintai Water Treatment Technology...............        36.33
* Zaozhuang Fuxing Water Treatment Technology..............        36.33
* Zaozhuang YouBang Chemicals Co., Ltd.....................        36.33
* Zouping Dongfang Chemical Industry Co., Ltd..............        36.33
------------------------------------------------------------------------
* Non-cooperative company to which an adverse facts available rate is
  being applied. See ``Use of Facts Otherwise Available and Adverse
  Inferences'' section in the Preliminary Decision Memorandum.

    In accordance with sections 703(d)(1)(B) and (2) of the Act, we are 
directing U.S. Customs and Border Protection to suspend liquidation of 
all entries of HEDP from the PRC that are entered, or withdrawn from 
warehouse, for consumption on or after the date of the publication of 
this notice in the Federal Register, and to require a cash deposit for 
such entries of merchandise in the amounts indicated above.
    In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for 
companies not investigated, we apply an ``all-others'' rate, which is 
normally calculated by weighting the subsidy rates of the individual 
companies selected as mandatory respondents by those companies' exports 
of the subject merchandise to the United States. Under section 
705(c)(5)(i) of the Act, the all-others rate should exclude zero and de 
minimis rates calculated for the exporters and producers individually 
investigated as well as rates based entirely on facts otherwise 
available. Notwithstanding the language of section 705(c)(5)(A)(i) of 
the Act, we have not calculated the ``all-others'' rate by weight 
averaging the rates of the two individually investigated respondents, 
because doing so risks disclosure of proprietary information. 
Therefore, for the ``all-others'' rate, we calculated a simple average 
of the two responding firms' rates.

Disclosure and Public Comment

    The Department will disclose calculations performed for this 
preliminary determination to the parties within five days of the date 
of public announcement of this determination in accordance with 19 CFR 
351.224(b). Case briefs or other written comments for all non-scope 
issues may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the final 
verification report is issued in this proceeding, and rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\6\ A table of 
contents, list of authorities used and an executive summary of issues 
should accompany any briefs submitted to the Department. This summary 
should be limited to five pages total, including footnotes.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30 
days after the date of publication of this notice.\7\ Requests should 
contain the party's name, address, and telephone number; the number of 
participants; and a list of the issues to be discussed. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a date, time and location to be 
determined. Parties will be notified of the date, time and location of 
any hearing.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (``ITC'') of our determination. In 
addition, we are making available to the ITC all non-privileged and 
non-proprietary information relating to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order, without the written

[[Page 62086]]

consent of the Assistant Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: August 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision Memo

I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Respondent Selection
VII. Injury Test
VIII. Application of CVD Law to Imports From the PRC
IX. Subsidies Valuation
X. Benchmarks
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Analysis of Programs
XIII. Verification
XIV. Conclusion

[FR Doc. 2016-21483 Filed 9-7-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  62084                     Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices

                                                  • Dream Rooms Furniture (Shanghai) Co.,                 • Shing Mark Enterprise Co., Ltd., Carven             Hydroxyethylidene-1, 1-Diphosphonic
                                                    Ltd.                                                    Industries Limited (BVI), Carven Industries         Acid (‘‘HEDP’’) from the People’s
                                                  • Evergo Furniture Manufacturing Co., Ltd.                Limited (HK), Dongguan Zhenxin                      Republic of China (the ‘‘PRC’’). We
                                                  • Fine Furniture (Shanghai) Ltd.                          Furniture Co., Ltd., Dongguan Yongpeng
                                                                                                                                                                invite interested parties to comment on
                                                  • Fleetwood Fine Furniture LP                             Furniture Co., Ltd.
                                                  • Fortune Furniture Ltd.                                • Songgang Jasonwood Furniture Factory.               this preliminary determination.
                                                  • Fortune Glory Industrial Ltd. (H.K. Ltd.),            • Starwood Industries Ltd.                            DATES: Effective September 8, 2016.
                                                    Tradewinds Furniture Ltd.                             • Strongson (HK) Co.                                  FOR FURTHER INFORMATION CONTACT:
                                                  • Foshan Bailan Imp. & Exp. Ltd.                        • Strongson Furniture (Shenzhen) Co., Ltd.            Javier Barrientos or Andrew Devine,
                                                  • Foshan Shunde Longjiang Zhishang                      • Strongson Furniture Co., Ltd.                       AD/CVD Operations, Office V,
                                                    Furniture Factory.                                    • Sunforce Furniture (Hui-Yang) Co., Ltd.,
                                                  • Fuijian Lianfu Forestry Co., Ltd. aka Fujian                                                                Enforcement and Compliance,
                                                                                                            Sun Fung Wooden Factory, Sun Fung Co.,
                                                    Wonder Pacific Inc.                                     Shin Feng Furniture Co., Ltd., Stupendous           International Trade Administration,
                                                  • Fuzhou Huan Mei Furniture Co., Ltd.                     International Co., Ltd.                             U.S. Department of Commerce, 14th
                                                  • Guangdong New Four Seas Furniture                     • Super Art Furniture Co., Ltd.                       Street and Constitution Avenue NW.,
                                                    Manufacturing Ltd.                                    • Superwood Co., Ltd., Lianjiang Zongyu Art           Washington, DC 20230; telephone
                                                  • Guangzhou Lucky Furniture Co., Ltd.                     Products Co., Ltd.                                  202.482.2243 or 202.482.0238,
                                                  • Guangzhou Maria Yee Furnishings Ltd.,                 • Teamway Furniture (Dong Guan) Co., Ltd.             respectively.
                                                    Pyla HK Ltd., Maria Yee, Inc.                         • Techniwood Industries Ltd., Ningbo
                                                  • Hainan Jong Bao Lumber Co., Ltd.                        Furniture Industries Ltd., Ningbo Hengrun           SUPPLEMENTARY INFORMATION:
                                                  • Haining Kareno Furniture Co., Ltd.                      Furniture Co., Ltd.
                                                  • Hang Hai Woodcraft’s Art Factory.
                                                                                                                                                                Scope of the Investigation
                                                                                                          • Tube-Smith Enterprise (Haimen) Co., Ltd.
                                                  • Hangzhou Jason Outdoor Furniture Co.,                 • Tube-Smith Enterprise (Zhangzhou) Co.,                 The merchandise covered by this
                                                    Ltd.                                                    Ltd.                                                investigation includes all grades of
                                                  • Hong Kong Da Zhi Furniture Co., Ltd.                  • U-Rich Furniture (Zhangzhou) Co., Ltd., U-          aqueous acidic (non-neutralized)
                                                  • Hualing Furniture (China) Co., Ltd., Tony               Rich Furniture Ltd.                                 concentrations of HEDP, also referred to
                                                    House Manufacture (China) Co., Ltd.,                  • Weimei Furniture Co., Ltd.                          as hydroxyethylidenendiphosphonic
                                                    Buysell Investments Ltd., Tony House                  • Wuxi Yushea Furniture Co., Ltd.                     acid, hydroxyethanediphosphonic acid,
                                                    Industries Co., Ltd.                                  • Xiamen Yongquan Sci-Tech Development
                                                  • Hung Fai Wood Products Factory Ltd.                     Co., Ltd.
                                                                                                                                                                acetodiphosphonic acid, and etidronic
                                                  • Jasonwood Industrial Co., Ltd. S.A.                   • Xilinmen Group Co., Ltd.                            acid. The Chemical Abstract Service
                                                  • Jiangmen Kinwai Furniture Decoration Co.,             • Yichun Guangming Furniture Co., Ltd.                (‘‘CAS’’) registry number for HEDP is
                                                    Ltd.                                                  • Yihua Timber Industry Co., Ltd.,                    2809–21–4.
                                                  • Jiangmen Kinwai International Furniture                 Guangdong Yihua Timber Industry Co.,                   The merchandise subject to this
                                                    Co., Ltd.                                               Ltd.                                                investigation is currently classified in
                                                  • Jiangsu Dare Furniture Co., Ltd.                      • Zhang Zhou Sanlong Wood Product Co.,                the Harmonized Tariff Schedule of the
                                                  • Jiangsu Xiangsheng Bedtime Furniture Co.,               Ltd.                                                United States (‘‘HTSUS’’) at subheading
                                                    Ltd.                                                  • Zhangjiagang Daye Hotel Furniture Co.,              2931.90.9043. It may also enter under
                                                  • Jiangsu Yuexing Furniture Group Co., Ltd.               Ltd.
                                                  • Jiashan Zhenxuan Furniture Co., Ltd.                                                                        HTSUS subheadings 281.19.6090 and
                                                                                                          • Zhangjiang Sunwin Arts & Crafts Co., Ltd.
                                                  • Jibbon Enterprise Co., Ltd.                           • Zhangzhou Guohui Industrial & Trade Co.,            2931.90.9041. While HTSUS
                                                  • Jibson Industries Ltd.                                  Ltd.                                                subheadings and the CAS registry
                                                  • Jiedong Lehouse Furniture Co., Ltd.                   • Zhong Shan Fullwin Furniture Co., Ltd.              number are provided for convenience
                                                  • King’s Way Furniture Industries Co., Ltd.             • Zhong Shun Wood Art Co.                             and customs purposes only, the written
                                                  • Kingsyear Ltd.                                        • Zhongshan Fookyik Furniture Co., Ltd.               description of the scope of this
                                                  • Kunshan Summit Furniture Co., Ltd.                    • Zhongshan Golden King Furniture                     investigation is dispositive.
                                                  • Liang Huang (Jiaxing) Enterprise Co., Ltd.              Industrial Co., Ltd.
                                                  • Nantong Yangzi Furniture Co., Ltd.                    • Zhoushan For-Strong Wood Co., Ltd.                  Methodology
                                                  • Nathan International Ltd., Nathan Rattan
                                                    Factory.                                              [FR Doc. 2016–21631 Filed 9–7–16; 8:45 am]              The Department is conducting this
                                                  • Orient International Holding Shanghai                 BILLING CODE 3510–DS–P                                countervailing duty (‘‘CVD’’)
                                                    Foreign Trade Co., Ltd.                                                                                     investigation in accordance with section
                                                  • Perfect Line Furniture Co., Ltd.                                                                            701 of the Tariff Act of 1930, as
                                                  • Prime Best Factory.                                   DEPARTMENT OF COMMERCE                                amended (the ‘‘Act’’). For a full
                                                  • Prime Best International Co., Ltd.                                                                          description of the methodology
                                                  • Prime Wood International Co., Ltd.                    International Trade Administration                    underlying our preliminary conclusions,
                                                  • Putian Jinggong Furniture Co., Ltd.                                                                         see the Preliminary Decision Memo.1
                                                  • Qingdao Beiyuan Industry Trading Co.,                 [C–570–046]
                                                                                                                                                                The Preliminary Decision Memo is a
                                                    Ltd.
                                                  • Qingdao Beiyuan Shengli Furniture Co.,                Countervailing Duty Investigation of 1-               public document and is on file
                                                    Ltd.                                                  Hydroxyethylidene-1, 1-Diphosphonic                   electronically via Enforcement &
                                                  • Qingdao Liangmu Co., Ltd.                             Acid From the People’s Republic of                    Compliance’s Antidumping and
                                                  • Qingdao Shengchang Wooden Co., Ltd.                   China: Preliminary Affirmative                        Countervailing Duty Centralized
                                                  • Restonic (Dongguan) Furniture Ltd.,                   Determination and Alignment of Final                  Electronic Service System (‘‘ACCESS’’).2
                                                    Restonic Far East (Samoa) Ltd.                        Determination With Final Antidumping
                                                  • Sen Yeong International Co., Ltd.                     Duty Determination                                       1 See Memorandum from Gary Taverman,

                                                  • Shanghai Maoji Imp And Exp Co., Ltd.                                                                        Associate Deputy Assistant Secretary for
                                                  • Sheh Hau International Trading Ltd.                   AGENCY:  Enforcement and Compliance,                  Antidumping and Countervailing Duty Operations,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  • Shenzhen Diamond Furniture Co., Ltd.                  International Trade Administration,                   to Paul Piquado, Assistant Secretary for
                                                  • Shenzhen Forest Furniture Co., Ltd.                                                                         Enforcement and Compliance, ‘‘Countervailing
                                                                                                          Department of Commerce.                               Duty Investigation of 1-Hydroxyethylidene-1, 1-
                                                  • Shenzhen Jiafa High Grade Furniture Co.,
                                                                                                          SUMMARY: The Department of Commerce                   Diphosphonic Acid From the People’s Republic of
                                                    Ltd., Golden Lion International Trading                                                                     China: Decision Memorandum for the Preliminary
                                                    Ltd.                                                  (the ‘‘Department’’) preliminarily
                                                                                                                                                                Determination,’’ dated concurrently with this notice
                                                  • Shenzhen New Fudu Furniture Co., Ltd.                 determines that countervailable                       (‘‘Preliminary Decision Memo’’).
                                                  • Shenzhen Wonderful Furniture Co., Ltd.                subsidies are being provided to                          2 On November 24, 2014, Enforcement and

                                                  • Shenzhen Xingli Furniture Co., Ltd.                   producers and exporters of 1-                         Compliance changed the name of Enforcement and



                                             VerDate Sep<11>2014   19:34 Sep 07, 2016   Jkt 238001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\08SEN1.SGM   08SEN1


                                                                            Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices                                                             62085

                                                  ACCESS is available to registered users                                 Company                          Subsidy rate   Disclosure and Public Comment
                                                  at http://access.trade.gov, and is                                                                                         The Department will disclose
                                                  available to all parties in the Central                 Shandong Taihe Chemicals                                        calculations performed for this
                                                  Records Unit, room B8024 of the main                       Co., Ltd. (‘‘Taihe Chemicals’’)                              preliminary determination to the parties
                                                  Department of Commerce building. In                        and Shandong Taihe Water
                                                                                                             Treatment Technologies Co.,
                                                                                                                                                                          within five days of the date of public
                                                  addition, a complete version of the                        Ltd. (‘‘Taihe Technologies’’) ..                     2.37    announcement of this determination in
                                                  Preliminary Decision Memo can be                        Nanjing University of Chemical                                  accordance with 19 CFR 351.224(b).
                                                  accessed directly on the Internet at                       Technology Changzhou                                         Case briefs or other written comments
                                                  http://trade.gov/enforcement/frn/                          Wujin Water Quality Sta-                                     for all non-scope issues may be
                                                  index.html. The signed Preliminary                         bilizer Factory (‘‘Wujin                                     submitted to the Assistant Secretary for
                                                  Decision Memo and the electronic                           Water’’) ..................................          1.04    Enforcement and Compliance no later
                                                  versions of the Preliminary Decision                    All Others 5 ................................           1.71    than seven days after the date on which
                                                  Memo are identical in content.                          * Changzhou Kewei Fine                                          the final verification report is issued in
                                                                                                             Chemicals Co., Ltd ...............                  36.33    this proceeding, and rebuttal briefs,
                                                     In making these findings, we relied, in              * Hebei Longke Water Treat-                                     limited to issues raised in case briefs,
                                                  part, on facts available and, because one                  ment Co., Ltd ........................              36.33    may be submitted no later than five days
                                                  or more respondents did not act to the                  * Shandong Huayou Chemistry                                     after the deadline date for case briefs.6
                                                  best of their ability to respond to the                    Co., Ltd .................................          36.33    A table of contents, list of authorities
                                                  Department’s requests for information,                  * Shandong Xintai Water Treat-                                  used and an executive summary of
                                                  we drew an adverse inference where                         ment Technology ..................                  36.33
                                                                                                                                                                          issues should accompany any briefs
                                                  appropriate in selecting from among the                 * Zaozhuang Fuxing Water
                                                                                                             Treatment Technology ..........                     36.33
                                                                                                                                                                          submitted to the Department. This
                                                  facts otherwise available.3 For further                                                                                 summary should be limited to five pages
                                                                                                          * Zaozhuang YouBang Chemi-
                                                  information, see ‘‘Use of Facts                            cals Co., Ltd ..........................            36.33    total, including footnotes.
                                                  Otherwise Available and Adverse                         * Zouping Dongfang Chemical                                        Interested parties who wish to request
                                                  Inferences’’ in the Preliminary Decision                   Industry Co., Ltd ...................               36.33    a hearing, or to participate if one is
                                                  Memo.                                                                                                                   requested, must submit a written
                                                                                                             * Non-cooperative company to which an ad-                    request to the Assistant Secretary for
                                                  Alignment                                               verse facts available rate is being applied. See                Enforcement and Compliance, U.S.
                                                                                                          ‘‘Use of Facts Otherwise Available and Ad-
                                                                                                          verse Inferences’’ section in the Preliminary                   Department of Commerce, filed
                                                     In accordance with section 705(a)(1)                                                                                 electronically using ACCESS. An
                                                                                                          Decision Memorandum.
                                                  of the Act and 19 CFR 351.210(b)(4), we                                                                                 electronically filed document must be
                                                  are aligning the final CVD determination                   In accordance with sections                                  received successfully in its entirety by
                                                  in this investigation with the final                    703(d)(1)(B) and (2) of the Act, we are                         the Department’s electronic records
                                                  determination in the companion                          directing U.S. Customs and Border                               system, ACCESS, by 5:00 p.m. Eastern
                                                  antidumping duty (‘‘AD’’) investigation                 Protection to suspend liquidation of all                        Time, within 30 days after the date of
                                                  of HEDP from the PRC.4 Consequently,                    entries of HEDP from the PRC that are                           publication of this notice.7 Requests
                                                  the final CVD determination will be                     entered, or withdrawn from warehouse,                           should contain the party’s name,
                                                  issued on the same date as the final AD                 for consumption on or after the date of                         address, and telephone number; the
                                                  determination, which is currently                       the publication of this notice in the                           number of participants; and a list of the
                                                  scheduled to be issued no later than                    Federal Register, and to require a cash                         issues to be discussed. If a request for
                                                  January 10, 2017, unless postponed. See                 deposit for such entries of merchandise                         a hearing is made, the Department
                                                  Preliminary Decision Memo.                              in the amounts indicated above.                                 intends to hold the hearing at the U.S.
                                                                                                                                                                          Department of Commerce, 14th Street
                                                  Preliminary Determination and                              In accordance with sections 703(d)                           and Constitution Avenue NW.,
                                                  Suspension of Liquidation                               and 705(c)(5)(A) of the Act, for                                Washington, DC 20230, at a date, time
                                                                                                          companies not investigated, we apply                            and location to be determined. Parties
                                                    In accordance with section                            an ‘‘all-others’’ rate, which is normally                       will be notified of the date, time and
                                                  703(d)(1)(A)(i) of the Act, we calculated               calculated by weighting the subsidy                             location of any hearing.
                                                  an estimated individual countervailable                 rates of the individual companies
                                                  subsidy rate for each producer/exporter                 selected as mandatory respondents by                            International Trade Commission
                                                  of the subject merchandise individually                 those companies’ exports of the subject                         Notification
                                                  investigated. We preliminarily                          merchandise to the United States. Under                           In accordance with section 703(f) of
                                                  determine these rates to be:                            section 705(c)(5)(i) of the Act, the all-                       the Act, we will notify the International
                                                                                                          others rate should exclude zero and de                          Trade Commission (‘‘ITC’’) of our
                                                                                                          minimis rates calculated for the                                determination. In addition, we are
                                                  Compliance’s AD and CVD Centralized Electronic          exporters and producers individually                            making available to the ITC all non-
                                                  Service System (‘‘IA ACCESS’’) to AD and CVD                                                                            privileged and non-proprietary
                                                  Centralized Electronic Service System (‘‘ACCESS’’).
                                                                                                          investigated as well as rates based
                                                                                                          entirely on facts otherwise available.                          information relating to this
                                                  The Web site location was changed from http://
                                                  iaaccess.trade.gov to http://access.trade.gov. The      Notwithstanding the language of section                         investigation. We will allow the ITC
                                                  Final Rule changing the references to the               705(c)(5)(A)(i) of the Act, we have not                         access to all privileged and business
                                                  Regulations can be found at 79 FR 69046.                calculated the ‘‘all-others’’ rate by                           proprietary information in our files,
mstockstill on DSK3G9T082PROD with NOTICES




                                                    3 See sections 776(a) and (b) of the Act.
                                                                                                          weight averaging the rates of the two                           provided the ITC confirms that it will
                                                    4 See 1-Hydroxyethylidene-1, 1-Diphosphonic                                                                           not disclose such information, either
                                                                                                          individually investigated respondents,
                                                  Acid From the People’s Republic of China:                                                                               publicly or under an administrative
                                                                                                          because doing so risks disclosure of
                                                  Initiation of Less-                                                                                                     protective order, without the written
                                                    Than-Fair-Value Investigation, 81 FR 25377
                                                                                                          proprietary information. Therefore, for
                                                  (April 28, 2016).                                       the ‘‘all-others’’ rate, we calculated a                           6 See 19 CFR 351.309; see also 19 CFR 351.303
                                                    5 Including Jianghai Environmental Protection         simple average of the two responding                            (for general filing requirements).
                                                  Co., Ltd.                                               firms’ rates.                                                      7 See 19 CFR 351.310(c).




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                                                  62086                         Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices

                                                  consent of the Assistant Secretary for                        VII. Injury Test                                              Background
                                                  Enforcement and Compliance.                                   VIII. Application of CVD Law to Imports
                                                     In accordance with section 705(b)(2)                            From the PRC                                               Every five years, pursuant to section
                                                  of the Act, if our final determination is                     IX. Subsidies Valuation                                       751(c) of the Tariff Act of 1930, as
                                                  affirmative, the ITC will make its final                      X. Benchmarks                                                 amended (‘‘the Act’’), the Department of
                                                                                                                XI. Use of Facts Otherwise Available and                      Commerce (‘‘the Department’’) and the
                                                  determination within 45 days after the                             Adverse Inferences
                                                  Department makes its final                                    XII. Analysis of Programs
                                                                                                                                                                              International Trade Commission
                                                  determination.                                                XIII. Verification                                            automatically initiate and conduct a
                                                     This determination is issued and                           XIV. Conclusion                                               review to determine whether revocation
                                                  published pursuant to sections 703(f)                         [FR Doc. 2016–21483 Filed 9–7–16; 8:45 am]                    of a countervailing or antidumping duty
                                                  and 777(i) of the Act and 19 CFR                                                                                            order or termination of an investigation
                                                                                                                BILLING CODE 3510–DS–P
                                                  351.205(c).                                                                                                                 suspended under section 704 or 734 of
                                                    Dated: August 29, 2016.                                                                                                   the Act would be likely to lead to
                                                  Paul Piquado,                                                 DEPARTMENT OF COMMERCE                                        continuation or recurrence of dumping
                                                  Assistant Secretary for Enforcement and                                                                                     or a countervailable subsidy (as the case
                                                  Compliance.                                                   International Trade Administration                            may be) and of material injury.
                                                  Appendix—List of Topics Discussed in                          Antidumping or Countervailing Duty                            Upcoming Sunset Reviews for October
                                                  the Preliminary Decision Memo                                 Order, Finding, or Suspended                                  2016
                                                  I. Summary                                                    Investigation; Advance Notification of
                                                                                                                Sunset Reviews                                                   The following Sunset Reviews are
                                                  II. Background
                                                  III. Alignment
                                                                                                                                                                              scheduled for initiation in October 2016
                                                  IV. Scope Comments                                            AGENCY:  Enforcement and Compliance,                          and will appear in that month’s Notice
                                                  V. Scope of the Investigation                                 International Trade Administration,                           of Initiation of Five-Year Sunset Review
                                                  VI. Respondent Selection                                      Department of Commerce.                                       (‘‘Sunset Review’’).

                                                                                                                                                                                                 Department contact

                                                                               Antidumping Duty Proceedings
                                                  Artist Canvas from China (A–570–899) (2nd Review) .................................................................................   David Goldberger (202) 482–4136.
                                                  Pure Magnesium from China (A–570–832) (4th Review) ............................................................................       David Goldberger (202) 482–4136.



                                                  Countervailing Duty Proceedings                               later than 30 days after the date of                          margin for this review is listed in the
                                                                                                                initiation.                                                   ‘‘Final Results of the Review’’ section
                                                    No Sunset Review of countervailing                             This notice is not required by statute                     below.
                                                  duty orders is scheduled for initiation in                    but is published as a service to the
                                                  October 2016.                                                 international trading community.                              DATES:    Effective September 8, 2016.
                                                  Suspended Investigations                                        Dated: August 25, 2016.                                     FOR FURTHER INFORMATION CONTACT:
                                                     No Sunset Review of suspended                              Christian Marsh,                                              Joseph Shuler, AD/CVD Operations,
                                                  investigations is scheduled for initiation                    Deputy Assistant Secretary for Antidumping                    Office I, Enforcement and Compliance,
                                                  in October 2016.                                              and Countervailing Duty Operations.                           International Trade Administration,
                                                                                                                [FR Doc. 2016–21662 Filed 9–7–16; 8:45 am]                    U.S. Department of Commerce, 1401
                                                     The Department’s procedures for the
                                                                                                                                                                              Constitution Avenue NW., Washington,
                                                  conduct of Sunset Reviews are set forth                       BILLING CODE 3510–DS–P
                                                                                                                                                                              DC 20230; telephone (202) 482–1293.
                                                  in 19 CFR 351.218. The Notice of
                                                  Initiation of Five-Year (‘‘Sunset’’)                                                                                        SUPPLEMENTARY INFORMATION:
                                                  Reviews provides further information                          DEPARTMENT OF COMMERCE
                                                                                                                                                                              Background
                                                  regarding what is required of all parties                     International Trade Administration
                                                  to participate in Sunset Reviews.                                                                                              Following the Preliminary Results,1
                                                     Pursuant to 19 CFR 351.103(c), the                         [A–533–810]
                                                                                                                                                                              the Department issued an additional
                                                  Department will maintain and make                                                                                           supplemental questionnaire to Bhansali
                                                                                                                Stainless Steel Bar From India: Final
                                                  available a service list for these                                                                                          Bright Bars Pvt. Ltd. (Bhansali) on
                                                                                                                Results of Antidumping Duty
                                                  proceedings. To facilitate the timely                                                                                       March 20, 2015, and received a response
                                                                                                                Administrative Review; 2014–2015
                                                  preparation of the service list(s), it is                                                                                   on April 2, 2015.2 We received timely
                                                  requested that those seeking recognition                      AGENCY:   Enforcement and Compliance,                         filed case and rebuttal briefs from
                                                  as interested parties to a proceeding                         International Trade Administration,                           Bhansali and North American Stainless
                                                  contact the Department in writing                             Department of Commerce.                                       and Valbruna Slater Stainless, Inc. (the
                                                  within 10 days of the publication of the                      SUMMARY: On March 10, 2016, the
                                                  Notice of Initiation.                                         Department of Commerce (the                                      1 See Stainless Steel Bar From India: Preliminary

                                                     Please note that if the Department                         Department) published the preliminary                         Results, and Rescission, in Part, of Antidumping
                                                  receives a Notice of Intent to Participate                    results of the administrative review of                       Duty Administrative Review; 2014–2015, 81 FR
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                              12694 (March 10, 2016) (Preliminary Results).
                                                  from a member of the domestic industry                        the antidumping duty order on stainless                          2 See Letter from the Department to Bhansali,
                                                  within 15 days of the date of initiation,                     steel bar (SSB) from India. The period                        ‘‘Antidumping Duty Administrative Review of
                                                  the review will continue. Thereafter,                         of review (POR) is February 1, 2014,                          Stainless Steel Bar from India: Second Section D
                                                  any interested party wishing to                               through January 31, 2015. Based on                            Supplemental Questionnaire,’’ dated March 25,
                                                                                                                                                                              2016; see also Letter from Bhansali, ‘‘Bhansali
                                                  participate in the Sunset Review must                         comments received from interested                             Bright Bars Private Limited 2nd Supplemental
                                                  provide substantive comments in                               parties, we have made changes to the                          Response to Section D of Antidumping Duty
                                                  response to the notice of initiation no                       preliminary results. The final dumping                        Questionnaire,’’ dated April 8, 2016.



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Document Created: 2018-02-09 13:12:57
Document Modified: 2018-02-09 13:12:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective September 8, 2016.
ContactJavier Barrientos or Andrew Devine, 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 202.482.2243 or 202.482.0238, respectively.
FR Citation81 FR 62084 

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