81 FR 78776 - Ammonium Sulfate From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 217 (November 9, 2016)
International Trade Administration
Federal Register Volume 81, Issue 217 (November 9, 2016)
| Page Range | 78776-78777 | |
| FR Document | 2016-26984 |
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)] [Notices] [Pages 78776-78777] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26984] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-049] Ammonium Sulfate From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (``the Department'') preliminarily determines that ammonium sulfate from the People's Republic of China (``PRC'') is, or is likely to be, sold in the United States at less than fair value (``LTFV''). The period of investigation (``POI'') is October 1, 2015, through March 31, 2016. Interested parties are invited to comment on this preliminary determination. DATES: Effective November 9, 2016. FOR FURTHER INFORMATION CONTACT: Maliha Khan or Thomas Martin, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0892 or (202) 482-3936 respectively. SUPPLEMENTARY INFORMATION: On May 25, 2016, PCI Nitrogen, LLC, filed a petition with the Department of Commerce alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV imports of certain ammonium sulfate from the PRC. The Department published the notice of initiation of this investigation on June 22, 2016.\1\ For a complete description of the events that followed the initiation of this investigation, see Preliminary Decision Memorandum hereby adopted by this notice.\2\ 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 https://access.trade.gov, and to all parties in the Central Records Unit located at Room B8024 of the Department's main building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn. The signed Preliminary Decision Memorandum and electronic version of Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Ammonium Sulfate from the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 81 FR 40665 (June 22, 2016) (``Initiation Notice''). \2\ See Decision Memorandum for the Preliminary Determination of the Less Than Fair Value Investigation of Ammonium Sulfate from the People's Republic of China (``Preliminary Decision Memorandum''), dated concurrently with this notice. See also Appendix I. --------------------------------------------------------------------------- Period of Investigation The POI is October 1, 2015, through March 31, 2016. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, May 2016. See 19 CFR 351.204(b)(1). 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. In accordance with the Preamble to the Department's regulations,\3\ and as stated in the Initiation Notice, the Department set aside a period for interested parties to raise issues regarding the scope. The Department did not receive any comments in response. --------------------------------------------------------------------------- \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (``Preamble''). --------------------------------------------------------------------------- Discussion of Methodology The Department is conducting this investigation in accordance with section 731 of the Act. For purposes of this preliminary LTFV determination, the Department continues to treat the PRC as a non- market economy country within the meaning of section 771(18) of the Act. Because none of the potential respondents in this investigation submitted separate rate applications, they are considered to be part of the PRC-wide entity. Further, the PRC-wide entity did not provide necessary quantity-and-value (``Q&V'') data the Department requested. Therefore, in making this preliminary determination and in accordance with sections 776(a) and (b) of the Act, because respondents failed to cooperate by not acting to the best of their ability to respond to the Department's requests for information, we are drawing an adverse inference in selecting a rate from among the facts otherwise available (``AFA'') in determining the dumping margin for the PRC-wide entity. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Determination In selecting an AFA rate, the Department selects a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated. In an investigation, the Department's practice with respect to the assignment of an AFA rate is to select the higher of (1) the highest dumping margin alleged in the petition or (2) the highest calculated dumping margin of any respondent in the investigation.\4\ Therefore, as AFA, the Department preliminarily assigns the highest available petition margin of 493.46 percent as the rate applicable to the PRC-wide entity. --------------------------------------------------------------------------- \4\ See, e.g., Certain Uncoated Paper From Indonesia: Final Determination of Sales at Less Than Fair Value, 81 FR 3101 (January 20, 2016). --------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 733(d)(2) of the Act, the Department will instruct 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'' section, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. We will also instruct CBP, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), to require for all PRC exporters/producers of merchandise under consideration, and all non-PRC exporters of merchandise under consideration, the cash deposit rate established for the PRC-wide entity, 493.46 percent.\5\ The suspension of liquidation will remain in effect until further notice. --------------------------------------------------------------------------- \5\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042, 64137 (October 3, 2011). --------------------------------------------------------------------------- Disclosure and Public Comment The Department ordinarily discloses the calculations performed in the investigation to interested parties in accordance with 19 CFR 351.224(b), however, in this proceeding there are no calculations to disclose. Case briefs or other written comments may be submitted to the Assistant Secretary for [[Page 78777]] 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\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \6\ See 19 CFR 351.309. See also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing 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\ Hearing requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues parties intend to present at the hearing. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \7\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, we will notify the International Trade Commission (``ITC'') of our affirmative preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(I) of the Act, and 19 CFR 351.205(c). Dated: November 1, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Period of Investigation 4. Scope Comments 5. Scope of the Investigation 6. Selection of Respondents 7. Discussion of the Methodology 8. Adjustments to Cash Deposit Rates for Export Subsidies in Companion Countervailing Duty Investigation 9. Public Comment 10. U.S. International Trade Commission Notification 11. 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 )2 SO4 . The scope includes ammonium sulfate that is combined with other products, including by, for example, blending (i.e., mixing granules of ammonium sulfate with granules of one or more other products), compounding (i.e., when ammonium sulfate is compacted with one or more other products under high pressure), or granulating (incorporating multiple products into granules through, e.g., a slurry process). For such combined products, only the ammonium sulfate component is covered by the scope of this investigation. Ammonium sulfate that has been combined with other products is included within the scope regardless of whether the combining occurs in countries other than China. Ammonium sulfate that is otherwise subject to this investigation is not excluded when commingled (i.e., mixed or combined) with ammonium sulfate from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigation. The Chemical Abstracts Service (CAS) registry number for ammonium sulfate is 7783-20-2. The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. [FR Doc. 2016-26984 Filed 11-8-16; 8:45 am] BILLING CODE 3510-DS-P
![78776 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices
they also will become a matter of public Decision Memorandum is a public selecting a rate from among the facts
record. document and is on file electronically otherwise available (‘‘AFA’’) in
via Enforcement and Compliance’s determining the dumping margin for the
Sheleen Dumas,
Antidumping and Countervailing Duty PRC-wide entity. For a full description
PRA Departmental Lead, Office of the Chief Centralized Electronic Service System of the methodology underlying our
Information Officer.
(‘‘ACCESS’’). ACCESS is available to conclusions, see the Preliminary
[FR Doc. 2016–27053 Filed 11–8–16; 8:45 am] registered users at https:// Decision Memorandum.
BILLING CODE 3510–DS–P access.trade.gov, and to all parties in the
Central Records Unit located at Room Preliminary Determination
B8024 of the Department’s main In selecting an AFA rate, the
DEPARTMENT OF COMMERCE building. In addition, a complete Department selects a rate that is
version of the Preliminary Decision sufficiently adverse to ensure that the
International Trade Administration
Memorandum can be found at http:// uncooperative party does not obtain a
[A–570–049] enforcement.trade.gov/frn. The signed more favorable result by failing to
Preliminary Decision Memorandum and cooperate than if it had fully
Ammonium Sulfate From the People’s electronic version of Preliminary cooperated. In an investigation, the
Republic of China: Preliminary Decision Memorandum are identical in Department’s practice with respect to
Determination of Sales at Less Than content. the assignment of an AFA rate is to
Fair Value select the higher of (1) the highest
Period of Investigation
dumping margin alleged in the petition
AGENCY: Enforcement and Compliance, The POI is October 1, 2015, through or (2) the highest calculated dumping
International Trade Administration, March 31, 2016. This period margin of any respondent in the
Department of Commerce. corresponds to the two most recent investigation.4 Therefore, as AFA, the
SUMMARY: The U.S. Department of fiscal quarters prior to the month of the Department preliminarily assigns the
Commerce (‘‘the Department’’) filing of the petition, May 2016. See 19 highest available petition margin of
preliminarily determines that CFR 351.204(b)(1). 493.46 percent as the rate applicable to
ammonium sulfate from the People’s the PRC-wide entity.
Scope of the Investigation
Republic of China (‘‘PRC’’) is, or is
likely to be, sold in the United States at The product covered by this Suspension of Liquidation
less than fair value (‘‘LTFV’’). The investigation is ammonium sulfate from In accordance with section 733(d)(2)
period of investigation (‘‘POI’’) is the PRC. For a complete description of of the Act, the Department will instruct
October 1, 2015, through March 31, the scope of this investigation, see U.S. Customs and Border Protection
2016. Interested parties are invited to Appendix II. (‘‘CBP’’) to suspend liquidation of all
comment on this preliminary In accordance with the Preamble to
entries of ammonium sulfate from the
determination. the Department’s regulations,3 and as
PRC, as described in the ‘‘Scope of the
stated in the Initiation Notice, the
DATES: Effective November 9, 2016. Investigation’’ section, entered, or
Department set aside a period for
withdrawn from warehouse, for
FOR FURTHER INFORMATION CONTACT: interested parties to raise issues
consumption on or after the date of
Maliha Khan or Thomas Martin, AD/ regarding the scope. The Department
publication of this notice in the Federal
CVD Operations, Office IV, Enforcement did not receive any comments in
Register.
& Compliance, International Trade response.
We will also instruct CBP, pursuant to
Administration, Department of
Discussion of Methodology section 733(d)(1)(B) of the Act and 19
Commerce, 1401 Constitution Avenue
The Department is conducting this CFR 351.205(d), to require for all PRC
NW., Washington, DC 20230; telephone:
investigation in accordance with section exporters/producers of merchandise
(202) 482–0892 or (202) 482–3936
731 of the Act. For purposes of this under consideration, and all non-PRC
respectively.
preliminary LTFV determination, the exporters of merchandise under
SUPPLEMENTARY INFORMATION: On May Department continues to treat the PRC consideration, the cash deposit rate
25, 2016, PCI Nitrogen, LLC, filed a as a non-market economy country established for the PRC-wide entity,
petition with the Department of within the meaning of section 771(18) of 493.46 percent.5 The suspension of
Commerce alleging that an industry in the Act. Because none of the potential liquidation will remain in effect until
the United States is materially injured respondents in this investigation further notice.
or threatened with material injury by submitted separate rate applications,
reason of LTFV imports of certain Disclosure and Public Comment
they are considered to be part of the
ammonium sulfate from the PRC. The PRC-wide entity. Further, the PRC-wide The Department ordinarily discloses
Department published the notice of entity did not provide necessary the calculations performed in the
initiation of this investigation on June quantity-and-value (‘‘Q&V’’) data the investigation to interested parties in
22, 2016.1 For a complete description of Department requested. Therefore, in accordance with 19 CFR 351.224(b),
the events that followed the initiation of making this preliminary determination however, in this proceeding there are no
this investigation, see Preliminary and in accordance with sections 776(a) calculations to disclose. Case briefs or
Decision Memorandum hereby adopted and (b) of the Act, because respondents other written comments may be
by this notice.2 The Preliminary failed to cooperate by not acting to the submitted to the Assistant Secretary for
sradovich on DSK3GMQ082PROD with NOTICES
best of their ability to respond to the
1 See Ammonium Sulfate from the People’s 4 See, e.g., Certain Uncoated Paper From
Department’s requests for information,
Republic of China: Initiation of Less-Than-Fair- Indonesia: Final Determination of Sales at Less
Value Investigation, 81 FR 40665 (June 22, 2016) we are drawing an adverse inference in Than Fair Value, 81 FR 3101 (January 20, 2016).
(‘‘Initiation Notice’’). 5 See Modification of Regulations Regarding the
2 See Decision Memorandum for the Preliminary Memorandum’’), dated concurrently with this Practice of Accepting Bonds During the Provisional
Determination of the Less Than Fair Value notice. See also Appendix I. Measures Period in Antidumping and
Investigation of Ammonium Sulfate from the 3 See Antidumping Duties; Countervailing Duties, Countervailing Duty Investigations, 76 FR 61042,
People’s Republic of China (‘‘Preliminary Decision 62 FR 27296, 27323 (May 19, 1997) (‘‘Preamble’’). 64137 (October 3, 2011).
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![Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices 78777
Enforcement and Compliance no later Dated: November 1, 2016. DEPARTMENT OF COMMERCE
than seven days after the date on which Paul Piquado,
the final verification report is issued in Assistant Secretary for Enforcement and International Trade Administration
this proceeding and rebuttal briefs, Compliance. [A–570–803]
limited to issues raised in case briefs,
Appendix I—List of Topics Discussed in
may be submitted no later than five days Heavy Forged Hand Tools, Finished or
the Preliminary Decision Memorandum
after the deadline date for case briefs.6 Unfinished, With or Without Handles
Pursuant to 19 CFR 351.309(c)(2) and 1. Summary From the People’s Republic of China:
(d)(2), parties who submit case briefs or 2. Background Final Results of the Expedited Fourth
rebuttal briefs in this proceeding are 3. Period of Investigation Sunset Review of the Antidumping
encouraged to submit with each 4. Scope Comments Duty Orders
argument: (1) A statement of the issue; 5. Scope of the Investigation
6. Selection of Respondents AGENCY: Enforcement and Compliance,
(2) a brief summary of the argument; International Trade Administration,
7. Discussion of the Methodology
and (3) a table of authorities. Department of Commerce.
8. Adjustments to Cash Deposit Rates for
Pursuant to 19 CFR 351.310(c), Export Subsidies in Companion SUMMARY: As a result of this sunset
interested parties who wish to request a Countervailing Duty Investigation review, the Department of Commerce
hearing must submit a written request to 9. Public Comment (the ‘‘Department’’) finds that revocation
the Assistant Secretary for Enforcement 10. U.S. International Trade Commission of the antidumping duty orders on
and Compliance, U.S. Department of Notification heavy forged hand tools, finished or
Commerce, filed electronically using 11. Conclusion unfinished, with or without handles
ACCESS. An electronically filed (‘‘HFHTs’’) from the People’s Republic
Appendix II—Scope of the Investigation
document must be received successfully of China (‘‘PRC’’) would be likely to
in its entirety by the Department’s The merchandise covered by this lead to continuation or recurrence of
electronic records system, ACCESS, by investigation is ammonium sulfate in all dumping at the levels indicated in the
5:00 p.m. Eastern Time, within 30 days physical forms, with or without additives ‘‘Final Results of Review’’ section of this
after the date of publication of this such as anti-caking agents. Ammonium notice.
notice.7 Hearing requests should contain sulfate, which may also be spelled as
DATES: Effective October 31, 2016.
ammonium sulphate, has the chemical
the party’s name, address, and FOR FURTHER INFORMATION CONTACT: Paul
formula (NH4)2SO4.
telephone number, the number of Walker, AD/CVD Operations,
The scope includes ammonium sulfate that
participants, and a list of the issues is combined with other products, including Enforcement and Compliance,
parties intend to present at the hearing. by, for example, blending (i.e., mixing International Trade Administration,
If a request for a hearing is made, the granules of ammonium sulfate with granules U.S. Department of Commerce, 14th
Department intends to hold the hearing of one or more other products), compounding Street and Constitution Avenue NW.,
at the U.S. Department of Commerce, (i.e., when ammonium sulfate is compacted Washington, DC 20230; telephone:
1401 Constitution Avenue NW., with one or more other products under high 202.482.0413.
Washington, DC 20230, at a time and pressure), or granulating (incorporating SUPPLEMENTARY INFORMATION: On
location to be determined. Parties multiple products into granules through, e.g., February 19, 1991, the Department
should confirm by telephone the date, a slurry process). For such combined published the notice of the antidumping
time, and location of the hearing two products, only the ammonium sulfate duty order on HFHTs from the PRC.1 On
days before the scheduled date. component is covered by the scope of this
July 1, 2016, the Department published
investigation.
U.S. International Trade Commission the notice of initiation of the fourth
Ammonium sulfate that has been
sunset review of the AD Orders on
Notification combined with other products is included
HFHTs from the PRC, pursuant to
within the scope regardless of whether the
In accordance with section 733(f) of combining occurs in countries other than
section 751(c) of the Tariff Act of 1930,
the Act, we will notify the International China. as amended (the ‘‘Act’’).2 In July 2016,
Trade Commission (‘‘ITC’’) of our Ammonium sulfate that is otherwise the Department received a notice of
affirmative preliminary determination of subject to this investigation is not excluded intent to participate from, each, AMES
sales at LTFV. If our final determination when commingled (i.e., mixed or combined) True Temper (‘‘AMES’’) 3 and Council
is affirmative, the ITC will determine with ammonium sulfate from sources not Tool Company, Inc. (‘‘Council Tool’’),4
before the later of 120 days after the date subject to this investigation. Only the subject domestic interested parties, within the
component of such commingled products is deadline specified in 19 CFR
of this preliminary determination or 45
days after our final determination covered by the scope of this investigation.
whether these imports are materially The Chemical Abstracts Service (CAS) 1 See Antidumping Duty Orders: Heavy Forged
registry number for ammonium sulfate is Hand Tools, Finished or Unfinished, With or
injuring, or threaten material injury to, Without Handles from the People’s Republic of
7783–20–2.
the U.S. industry. The merchandise covered by this
China, 56 FR 6622 (February 19, 1991) (‘‘AD
Orders’’). There are four orders on HFHTs from the
This determination is issued and investigation is currently classifiable under PRC: Axes & adzes, bars & wedges, hammers &
published in accordance with sections Harmonized Tariff Schedule of the United sledges, and picks & mattocks.
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81
733(f) and 777(i)(I) of the Act, and 19 States (HTSUS) subheading 3102.21.0000.
sradovich on DSK3GMQ082PROD with NOTICES
Although this HTSUS subheading and CAS FR 43185 (July 1, 2016). This notice inadvertently
CFR 351.205(c). referred to this segment as the third review,
registry number are provided for convenience however, this is the fourth sunset review of these
and customs purposes, the written orders.
description of the scope of the investigation 3 AMES is the successor company to Woodings-
is dispositive. Verona Tools Works, the petitioner in the original
6 See 19 CFR 351.309. See also 19 CFR 351.303
investigation.
(for general filing requirements). [FR Doc. 2016–26984 Filed 11–8–16; 8:45 am] 4 See Council Tool’s July 11, 2016 submission;
7 See 19 CFR 351.310(c). BILLING CODE 3510–DS–P and AMES’ July 18, 2016 submission.
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Document Created: 2016-11-09 01:39:22
Document Modified: 2016-11-09 01:39:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective November 9, 2016. | |
| Contact | Maliha Khan or Thomas Martin, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0892 or (202) 482-3936 respectively. | |
| FR Citation | 81 FR 78776 |
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