81_FR_76544 81 FR 76332 - Countervailing Duty Investigation of Ammonium Sulfate From the People's Republic of China: Preliminary Affirmative Determination

81 FR 76332 - Countervailing Duty Investigation of Ammonium Sulfate From the People's Republic of China: Preliminary Affirmative Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 212 (November 2, 2016)

Page Range76332-76333
FR Document2016-26469

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of ammonium sulfate from the People's Republic of China (PRC). The period of investigation is January 1, 2015 through December 31, 2015. We invite interested parties to comment on this preliminary determination.

Federal Register, Volume 81 Issue 212 (Wednesday, November 2, 2016) 
[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76332-76333]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26469]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-050]


Countervailing Duty Investigation of Ammonium Sulfate From the 
People's Republic of China: Preliminary Affirmative 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 ammonium sulfate from the People's Republic 
of China (PRC). The period of investigation is January 1, 2015 through 
December 31, 2015. We invite interested parties to comment on this 
preliminary determination.

DATES: Effective November 2, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-2923.

SUPPLEMENTARY INFORMATION: 

Scope of the Investigation

    The product covered by this investigation is ammonium sulfate from 
the PRC. For a complete description of the scope of this investigation, 
see Appendix II.

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 each of the subsidy programs found 
countervailable, we preliminarily determine that there is a subsidy, 
i.e., a financial contribution by an ``authority'' that gives rise to a 
benefit to the recipient, and that the subsidy is specific.\1\ For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum.\2\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. 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 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 Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version are 
identical in content.
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    \1\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Ammonium Sulfate from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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    In making these findings, we relied on facts otherwise available. 
Additionally, because we find that the mandatory respondents did not 
act to the best of their ability to respond to the Department's 
requests for information, and therefore impeded this investigation, 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 Memorandum.
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    \3\ See sections 776(a) and (b) of the Act.
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Preliminary Determination and Suspension of Liquidation

    In accordance with sections 776(a)(1), 776(a)(2), and 776(b) of the 
Act, we applied facts otherwise available with an adverse inference to 
assign countervailable subsidy rates for non-cooperative mandatory 
respondents Wuzhoufeng Agricultural Science & Technology Co. Ltd. 
(Wuzhoufeng AST) and Yantai Jiahe Agriculture Means of Production Co. 
Ltd. (Yantai AMP). With respect to the all-others rate, section 
705(c)(5)(B) of the Act provides that if the countervailable subsidy 
rates established for all exporters and producers individually 
investigated are determined entirely in accordance with section 776 of 
the Act, the Department may use any reasonable method to establish an 
all-others rate for exporters and producers not individually 
investigated. In this case, the rates assigned to Wuzhoufeng AST and 
Yantai AMP are based entirely on facts otherwise available, with an 
adverse inference, under section 776 of the Act. There is no other 
information on the record with which to determine an all-others rate. 
As a result, in accordance with section 705(c)(5)(B) of the Act, we 
have established the all-others rate by applying the countervailable 
subsidy rates for mandatory respondents Wuzhoufeng AST and Yantai AMP. 
The preliminary estimated countervailable subsidy rates are summarized 
in the table below.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Wuzhoufeng Agricultural Science & Technology Co. Ltd....          206.72
Yantai Jiahe Agriculture Means of Production Co. Ltd....          206.72
All-Others..............................................          206.72
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of ammonium sulfate from the PRC as 
described in the ``Scope of the Investigation'' entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
this notice in the Federal Register, and to require a cash deposit for 
such entries of merchandise in the amounts indicated above.

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 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.

Public Comment

    Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\4\ Case briefs may be submitted

[[Page 76333]]

no later than 30 days after the publication of this preliminary 
determination in the Federal Register, and rebuttal briefs, limited to 
issues raised in the case briefs, may be submitted no later than five 
days after the deadline for case briefs. Interested parties who wish to 
request a hearing, or to participate if one is requested, must do so in 
writing within 30 days after the publication of this preliminary 
determination in the Federal Register.
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    \4\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: October 24, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports from the PRC
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. ITC Notification
X. Public Comment
XI. Conclusion

Appendix II

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)2SO4.
    The scope includes ammonium sulfate that is combined with other 
products, including by, for example, blending (i.e., mixing granules 
of ammonium sulfate with granules of one or more other products), 
compounding (i.e., when ammonium sulfate is compacted with one or 
more other products under high pressure), or granulating 
(incorporating multiple products into granules through, e.g., a 
slurry process). For such combined products, only the ammonium 
sulfate component is covered by the scope of 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. 2016-26469 Filed 11-1-16; 8:45 am]
 BILLING CODE 3510-DS-P

76332 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices Dated: October 28, 2016. Preliminary Decision Memorandum.2 A otherwise available, with an adverse Camille R. Evans, list of topics discussed in the inference, under section 776 of the Act. Acting Executive Secretary. Preliminary Decision Memorandum is There is no other information on the [FR Doc. 2016–26473 Filed 11–1–16; 8:45 am] included as Appendix I to this notice. record with which to determine an all- BILLING CODE 3510–DS–P The Preliminary Decision Memorandum others rate. As a result, in accordance is a public document and is on file with section 705(c)(5)(B) of the Act, we electronically via Enforcement and have established the all-others rate by DEPARTMENT OF COMMERCE Compliance’s Antidumping and applying the countervailable subsidy Countervailing Duty Centralized rates for mandatory respondents International Trade Administration Electronic Service System (ACCESS). Wuzhoufeng AST and Yantai AMP. The ACCESS is available to registered users preliminary estimated countervailable [C–570–050] at http://access.trade.gov, and is subsidy rates are summarized in the available to all parties in the Central table below. Countervailing Duty Investigation of Records Unit, room B8024 of the main Ammonium Sulfate From the People’s Department of Commerce building. In Company Subsidy rate Republic of China: Preliminary addition, a complete version of the (percent) Affirmative Determination Preliminary Decision Memorandum can Wuzhoufeng Agricultural be accessed directly at http:// AGENCY: Enforcement and Compliance, Science & Technology Co. enforcement.trade.gov/frn/. The signed Ltd ..................................... 206.72 International Trade Administration, Preliminary Decision Memorandum and Yantai Jiahe Agriculture Department of Commerce. the electronic version are identical in Means of Production Co. SUMMARY: The Department of Commerce content. Ltd ..................................... 206.72 (the Department) preliminarily In making these findings, we relied on All-Others .............................. 206.72 determines that countervailable facts otherwise available. Additionally, subsidies are being provided to because we find that the mandatory In accordance with sections producers and exporters of ammonium respondents did not act to the best of 703(d)(1)(B) and (d)(2) of the Act, we sulfate from the People’s Republic of their ability to respond to the will direct U.S. Customs and Border China (PRC). The period of investigation Department’s requests for information, Protection (CBP) to suspend liquidation is January 1, 2015 through December 31, and therefore impeded this of all entries of ammonium sulfate from 2015. We invite interested parties to investigation, we drew an adverse the PRC as described in the ‘‘Scope of comment on this preliminary inference where appropriate in selecting the Investigation’’ entered, or determination. from among the facts otherwise withdrawn from warehouse, for available.3 For further information, see consumption on or after the date of DATES: Effective November 2, 2016. ‘‘Use of Facts Otherwise Available and publication of this notice in the Federal FOR FURTHER INFORMATION CONTACT: Adverse Inferences’’ in the Preliminary Register, and to require a cash deposit Robert Galantucci, AD/CVD Operations, Decision Memorandum. for such entries of merchandise in the Office IV, Enforcement and Compliance, Preliminary Determination and amounts indicated above. International Trade Administration, Suspension of Liquidation International Trade Commission U.S. Department of Commerce, 1401 In accordance with sections 776(a)(1), Notification Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–2923. 776(a)(2), and 776(b) of the Act, we In accordance with section 703(f) of applied facts otherwise available with the Act, we will notify the International SUPPLEMENTARY INFORMATION: an adverse inference to assign Trade Commission (ITC) of our Scope of the Investigation countervailable subsidy rates for non- determination. In addition, we are The product covered by this cooperative mandatory respondents making available to the ITC all non- investigation is ammonium sulfate from Wuzhoufeng Agricultural Science & privileged and non-proprietary the PRC. For a complete description of Technology Co. Ltd. (Wuzhoufeng AST) information relating to this the scope of this investigation, see and Yantai Jiahe Agriculture Means of investigation. We will allow the ITC Appendix II. Production Co. Ltd. (Yantai AMP). With access to all privileged and business respect to the all-others rate, section proprietary information in our files, Methodology 705(c)(5)(B) of the Act provides that if provided the ITC confirms that it will The Department is conducting this the countervailable subsidy rates not disclose such information, either countervailing duty (CVD) investigation established for all exporters and publicly or under an administrative in accordance with section 701 of the producers individually investigated are protective order, without the written Tariff Act of 1930, as amended (the Act). determined entirely in accordance with consent of the Assistant Secretary for For each of the subsidy programs found section 776 of the Act, the Department Enforcement and Compliance. countervailable, we preliminarily may use any reasonable method to In accordance with section 705(b)(2) determine that there is a subsidy, i.e., a establish an all-others rate for exporters of the Act, if our final determination is financial contribution by an ‘‘authority’’ and producers not individually affirmative, the ITC will make its final that gives rise to a benefit to the investigated. In this case, the rates determination within 45 days after the recipient, and that the subsidy is assigned to Wuzhoufeng AST and Department makes its final sradovich on DSK3GMQ082PROD with NOTICES specific.1 For a full description of the Yantai AMP are based entirely on facts determination. methodology underlying our 2 See Memorandum, ‘‘Decision Memorandum for Public Comment preliminary conclusions, see the the Preliminary Affirmative Determination in the Interested parties may submit case Countervailing Duty Investigation of Ammonium and rebuttal briefs, as well as request a 1 See sections 771(5)(B) and (D) of the Act Sulfate from the People’s Republic of China,’’ dated regarding financial contribution; section 771(5)(E) concurrently with, and hereby adopted by, this hearing.4 Case briefs may be submitted of the Act regarding benefit; and section 771(5A) of notice (Preliminary Decision Memorandum). the Act regarding specificity. 3 See sections 776(a) and (b) of the Act. 4 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c). VerDate Sep<11>2014 17:18 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\02NON1.SGM 02NON1

Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices 76333 no later than 30 days after the The Chemical Abstracts Service (CAS) publication on the CFTC Web site, publication of this preliminary registry number for ammonium sulfate is http://www.cftc.gov. determination in the Federal Register, 7783–20–2. The merchandise covered by this FOR FURTHER INFORMATION CONTACT: and rebuttal briefs, limited to issues investigation is currently classifiable under Petal Walker, MRAC Designated Federal raised in the case briefs, may be Harmonized Tariff Schedule of the United Officer, Commodity Futures Trading submitted no later than five days after States (HTSUS) subheading 3102.21.0000. Commission, Three Lafayette Centre, the deadline for case briefs. Interested Although this HTSUS subheading and CAS 1155 21st Street NW., Washington, DC parties who wish to request a hearing, registry number are provided for convenience 20581; (202) 418–5010. or to participate if one is requested, and customs purposes, the written description of the scope of the investigation SUPPLEMENTARY INFORMATION: The must do so in writing within 30 days meeting will be open to the public with is dispositive. after the publication of this preliminary seating on a first-come, first-served determination in the Federal Register. [FR Doc. 2016–26469 Filed 11–1–16; 8:45 am] basis. Members of the public may also This determination is issued and BILLING CODE 3510–DS–P listen to the meeting by telephone by published pursuant to sections 703(f) calling a domestic toll-free telephone or and 777(i) of the Act and 19 CFR international toll or toll-free number to 351.205(c). COMMODITY FUTURES TRADING connect to a live, listen-only audio feed. Dated: October 24, 2016. COMMISSION Call-in participants should be prepared Ronald K. Lorentzen, Market Risk Advisory Committee to provide their first name, last name, Acting Assistant Secretary for Enforcement and affiliation. and Compliance. AGENCY: Commodity Futures Trading Domestic Toll Free: 866–844–9416. Commission. International Toll and Toll Free: Will Appendix I ACTION: Notice of meeting. be posted in the latest press release for List of Topics Discussed in the Preliminary the meeting on the MRAC’s meetings Decision Memorandum SUMMARY: The Commodity Futures Web page, http://www.cftc.gov/About/ I. Summary Trading Commission (CFTC) announces CFTCCommittees/ II. Background that on November 17, 2016 from 10:00 MarketRiskAdvisoryCommittee/mrac_ III. Scope Comments a.m. to 1:30 p.m., the Market Risk meetings. After opening the latest press IV. Scope of the Investigation Advisory Committee (MRAC) will hold release, click on Related Links for the V. Injury Test a public meeting at the CFTC’s number(s). VI. Application of the CVD Law to Imports Washington, DC, headquarters. The Pass Code/Pin Code: CFTC. from the PRC meeting will be held in the Conference VII. Use of Facts Otherwise Available and Center at the Commodity Futures The meeting agenda may change to Adverse Inferences Trading Commission’s headquarters in accommodate other MRAC priorities. VIII. Calculation of the All-Others Rate For agenda updates, please visit the IX. ITC Notification Washington, DC. At this meeting: (1) The CCP Risk Management MRAC meetings Web page. After the X. Public Comment meeting, a transcript of the meeting will XI. Conclusion Subcommittee (CRM) will present to the MRAC its final recommendations on be published through a link on the Appendix II how Central Counterparties (CCPs) can CFTC’s Web site, http://www.cftc.gov. further enhance their efforts in All written submissions provided to the Scope of the Investigation preparing for the default of a significant CFTC in any form will also be published The merchandise covered by this on the CFTC’s Web site. Persons investigation is ammonium sulfate in all clearing member as discussed at the April 2, 2015, November 2, 2015, and requiring special accommodations to physical forms, with or without additives such as anti-caking agents. Ammonium June 27, 2016 meetings of the MRAC; attend the meeting because of a sulfate, which may also be spelled as and (2) the MRAC will discuss the Bank disability should notify the contact ammonium sulphate, has the chemical of England’s coordinated CCP default person above. formula (NH4)2SO4. fire drill. Authority: 5 U.S.C. app. 2 § 10(a)(2). The scope includes ammonium sulfate that DATES: The meeting will be held on Dated: October 27, 2016. is combined with other products, including by, for example, blending (i.e., mixing November 17, 2016 from 10:00 a.m. to Robert N. Sidman, granules of ammonium sulfate with granules 1:30 p.m. Members of the public who Deputy Secretary of the Commission. of one or more other products), compounding wish to submit written statements in [FR Doc. 2016–26426 Filed 11–1–16; 8:45 am] (i.e., when ammonium sulfate is compacted connection with the meeting should BILLING CODE 6351–01–P with one or more other products under high submit them by November 24, 2016. pressure), or granulating (incorporating ADDRESSES: The meeting will take place multiple products into granules through, e.g., in the Conference Center at the CFTC’s a slurry process). For such combined COMMODITY FUTURES TRADING products, only the ammonium sulfate headquarters, Three Lafayette Centre, COMMISSION component is covered by the scope of this 1155 21st Street NW., Washington, DC 20581. Written statements should be [Renew Collection 3038–0025] investigation. Ammonium sulfate that has been submitted by mail to: Commodity Agency Information Collection combined with other products is included Futures Trading Commission, Three within the scope regardless of whether the Activities: Practice by Former Lafayette Centre, 1155 21st Street NW., combining occurs in countries other than Members and Employees of the Washington, DC 20581, attention: Office sradovich on DSK3GMQ082PROD with NOTICES China. Commission of the Secretary, or by electronic mail to: Ammonium sulfate that is otherwise secretary@cftc.gov. Please use the title subject to this investigation is not excluded AGENCY: Commodity Futures Trading when commingled (i.e., mixed or combined) ‘‘Market Risk Advisory Committee’’ in Commission. with ammonium sulfate from sources not any written statement you submit. Any ACTION: Notice. subject to this investigation. Only the subject statements submitted in connection component of such commingled products is with the committee meeting will be SUMMARY: The Commodity Futures covered by the scope of this investigation. made available to the public, including Trading Commission (‘‘CFTC’’) is VerDate Sep<11>2014 17:18 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\02NON1.SGM 02NON1


Document Created: 2016-11-02 01:41:08
Document Modified: 2016-11-02 01:41:08
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 November 2, 2016.
ContactRobert Galantucci, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-2923.
FR Citation81 FR 76332 
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