81 FR 83804 - Calcium Hypochlorite From the People's Republic of China: Final Decision To Rescind the New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd.

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 225 (November 22, 2016)

Page Range		83804-83805
FR Document		2016-28103

On June 27, 2016, the Department of Commerce (the ``Department'') published its Preliminary Rescission for the new shipper review (``NSR'') of the antidumping duty order on calcium hypochlorite from the People's Republic of China (``PRC''). The period of review is July 25, 2014 through June 30, 2015. As discussed below, we preliminarily determined to rescind this review because we requested but were not provided sufficient information to conduct a bona fide analysis as required by the statute, and accordingly cannot determine whether the new shipper sales of Haixing Jingmei Chemical Products Sales Co., Ltd. (``Jingmei'') are bona fide. Based on our analysis of the comments received, we make no changes to the Preliminary Rescission. Accordingly, we have determined to rescind this NSR with respect to Jingmei.

Federal Register, Volume 81 Issue 225 (Tuesday, November 22, 2016)

[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Notices]
[Pages 83804-83805]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-28103]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-008]

Calcium Hypochlorite From the People's Republic of China: Final
Decision To Rescind the New Shipper Review of Haixing Jingmei Chemical
Products Sales Co., Ltd.

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

SUMMARY: On June 27, 2016, the Department of Commerce (the
``Department'') published its Preliminary Rescission for the new
shipper review (``NSR'') of the antidumping duty order on calcium
hypochlorite from the People's Republic of China (``PRC''). The period
of review is July 25, 2014 through June 30, 2015. As discussed below,
we preliminarily determined to rescind this review because we requested
but were not provided sufficient information to conduct a bona fide
analysis as required by the statute, and accordingly cannot determine
whether the new shipper sales of Haixing Jingmei Chemical Products
Sales Co., Ltd. (``Jingmei'') are bona fide. Based on our analysis of
the comments received, we make no changes to the Preliminary
Rescission. Accordingly, we have determined to rescind this NSR with
respect to Jingmei.

DATES: Effective November 22, 2016.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Amanda Brings, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593 or (202) 482-3927, respectively.

[[Page 83805]]

SUPPLEMENTARY INFORMATION:

Background

For a complete description of the events that followed the
publication of the Preliminary Rescission,\1\ see the Issues and
Decision Memorandum.\2\ The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov and in the Department's Central Records Unit, room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the Internet at http://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic version of the
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

\1\ See Calcium Hypochlorite From the People's Republic of
China: Preliminary Intent to Rescind the New Shipper Review of
Haixing Jingmei Chemical Products Sales Co., Ltd., 81 FR 41522 (June
27, 2016) (``Preliminary Rescission'').
\2\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Issues and Decision Memorandum for the Final Rescission of the
Antidumping Duty New Shipper Review of Calcium Hypochlorite From the
People's Republic of China: Haixing Jingmei Chemical Products Sales
Co., Ltd.'' dated concurrently with and hereby adopted by this
notice (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

Scope of the Order

The merchandise covered by the Order is calcium hypochlorite,
regardless of form (e.g., powder, tablet (compressed), crystalline
(granular), or in liquid solution), whether or not blended with other
materials, containing at least 10% available chlorine measured by
actual weight. Calcium hypochlorite is currently classifiable under the
subheading 2828.10.0000 of the Harmonized Tariff Schedule of the United
States.\3\
---------------------------------------------------------------------------

\3\ For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

All issues raised in the case briefs by parties are addressed in
the Issues and Decision Memorandum.\4\ A list of the issues which
parties raised is attached to this notice as an Appendix.
---------------------------------------------------------------------------

\4\ See Issues and Decision Memorandum.
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Final Rescission of Jingmei New Shipper Review

In the Preliminary Rescission, we preliminarily determined to
rescind this review because we requested but were not provided
sufficient information to conduct a bona fide analysis as required by
the statute, and accordingly cannot determine whether the new shipper
sales of Jingmei are bona fide. Based on the Department's complete
analysis of all of the information and comments on the record of this
review, we make no changes to the Preliminary Rescission. Accordingly,
we have determined to rescind this NSR with respect to Jingmei. For a
complete discussion, see the Preliminary Bona Fide Memo \5\ and the
Issues and Decision Memorandum.
---------------------------------------------------------------------------

\5\ See Memorandum to James Doyle, Director, Office V,
Antidumping and Countervailing Duty Operations, through Catherine
Bertrand, Program Manager, Office V, Antidumping and Countervailing
Duty Operations, from Kabir Archuletta, Senior International Trade
Analyst, ``Bona Fide Nature of the Sales in the Antidumping Duty New
Shipper Review of Calcium Hypochlorite From the People's Republic of
China: Haixing Jingmei Chemical Products Sales Co., Ltd.,'' dated
June 20, 2016 (``Preliminary Bona Fide Memo'').
---------------------------------------------------------------------------

Assessment

As the Department is rescinding this NSR, we have not calculated a
company-specific dumping margin for Jingmei.

Cash Deposit Requirements

Effective upon publication of this notice of the final rescission
of the NSR of Jingmei, the Department will instruct U.S. Customs and
Border Protection to discontinue the option of posting a bond or
security in lieu of a cash deposit for entries of subject merchandise
from Jingmei. Because we did not calculate a dumping margin for
Jingmei, Jingmei continues to be part of the PRC-wide entity. The cash
deposit rate for the PRC-wide entity is 200.90 percent.\6\ The current
cash deposit requirements shall remain in effect until further notice.
---------------------------------------------------------------------------

\6\ See Calcium Hypochlorite From the People's Republic of
China: Antidumping Duty Order, 80 FR 5085 (January 30, 2015).
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Administrative Protective Orders

This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
The Department is issuing and publishing these results in
accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of
1930, as amended, and 19 CFR 351.214 and 19 CFR 351.221(b)(5).

Dated: November 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether the Department Should Have Conducted a Bona
Fide Analysis
Comment 2: Whether the Department has ``Penalized'' Jingmei for
Its Unaffiliated Customers' Partial Cooperation
V. Recommendation

[FR Doc. 2016-28103 Filed 11-21-16; 8:45 am]
BILLING CODE 3510-DS-P

83804 Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Notices

innerspring unit models at its own (3) Increase of Subject Imports From the The Department will establish a
facility in Guangzhou, PRC. Petitioner PRC to Macau After the Investigation schedule for questionnaires and
believed that its operation (and costs) in Initiation comments on the issues. In accordance
the PRC are representative of the with 19 CFR 351.225(f)(5) and section
We did not examine any evidence
operations (and costs) of other PRC 781(f) of the Act, unless extended, the
regarding an increase in subject imports
innerspring unit producers/exporters, as Department intends to issue its final
(i.e., completed uncovered innerspring
it is the largest producer of innersprings determination within 300 days of the
units) from the PRC to Macau after the
in the PRC.27 According to Petitioner’s date of publication of this initiation.
initiation of the investigation. Further,
analysis of its own production costs in This notice is published in accordance
Macao Commercial stated in the sixth
the PRC, the total value of these 19 CFR 351.225(f).
administrative review that it does not
innerspring components compose a transship PRC-origin innerspring units Dated: November 16, 2014.
significant portion of the total value of to the United States.34 Nonetheless, this Christian Marsh,
an innerspring unit.28 Similarly, based
factor does not appear particularly Deputy Assistant Secretary for Antidumping
on the limited information available relevant in a completion/assembly in a and Countervailing Duty Operations.
from the sixth administrative review, we third country circumvention inquiry [FR Doc. 2016–28087 Filed 11–21–16; 8:45 am]
find that the value of production in the because the issue is not subject imports BILLING CODE 3510–DS–P
PRC appears to comprise a significant from the PRC to Macau, but rather parts
portion of the value of Macao for assembly.35
Commercial’s innersprings units.29 DEPARTMENT OF COMMERCE
F. Whether Action Is Appropriate To
E. Additional Factors for Consideration Prevent Evasion of the Order International Trade Administration
Section 781(b)(3) of the Act directs Based on the factual information
the Department to consider additional placed on the record concurrently with [A–570–008]
factors in determining whether to this initiation, and for the reasons
include merchandise assembled or Calcium Hypochlorite From the
provided in the analysis above, People’s Republic of China: Final
completed in a foreign country within pursuant to section 781(b)(1)(E) of the
the scope of the Order. Decision To Rescind the New Shipper
Act, the Department determines that Review of Haixing Jingmei Chemical
(1) Pattern of Trade initiating an anticircumvention inquiry Products Sales Co., Ltd.
is appropriate to identify any potential
Macao Commercial stated that it evasion of the Order. AGENCY: Enforcement and Compliance,
expressly set up the flow of trade of International Trade Administration,
innerspring components from the PRC Analysis of the Request
Department of Commerce.
in order to make Macau the country of Based on our analysis of the record SUMMARY: On June 27, 2016, the
origin for shipment to countries with information from prior segments placed Department of Commerce (the
antidumping duty orders.30 on the record concurrently with this ‘‘Department’’) published its
Additionally, data from the United initiation, and our prior circumvention Preliminary Rescission for the new
States International Trade Commission findings under this Order, the shipper review (‘‘NSR’’) of the
DataWeb show a significant increase of Department determines that this self- antidumping duty order on calcium
U.S. imports of innerspring units from initiation of an anticircumvention hypochlorite from the People’s Republic
Macau since the imposition of the inquiry is warranted. Pursuant to 19 of China (‘‘PRC’’). The period of review
Order.31 CFR 351.225(b), the Department will is July 25, 2014 through June 30, 2015.
(2) Affiliation notify by mail all parties on the As discussed below, we preliminarily
Department’s scope service list of the determined to rescind this review
Macao Commercial is affiliated with a initiation of an anticircumvention because we requested but were not
producer of subject merchandise in the inquiry. provided sufficient information to
PRC and is also affiliated with other In accordance with 19 CFR conduct a bona fide analysis as required
Macanese companies involved in the 351.225(l)(2), if the Department issues a by the statute, and accordingly cannot
innersprings industry.32 Generally, the preliminary affirmative determination, determine whether the new shipper
Department considers circumvention to we will then instruct U.S. Customs and sales of Haixing Jingmei Chemical
be more likely to occur when the Border Protection to suspend Products Sales Co., Ltd. (‘‘Jingmei’’) are
manufacturer of the PRC-origin liquidation and require a cash deposit of bona fide. Based on our analysis of the
merchandise is related to the third estimated duties on the merchandise. comments received, we make no
country assembler and is a critical This circumvention inquiry covers changes to the Preliminary Rescission.
element in our evaluation of Macao Commercial. If, within sufficient Accordingly, we have determined to
circumvention.33 time, the Department receives a formal rescind this NSR with respect to
request from an interested party Jingmei.
27 Id. at 14–15 and Exhibit 6. regarding potential circumvention of the
28 Id.
Order by other Macanese companies, or DATES: Effective November 22, 2016.
29 See AR6 Factual Information Memo at
if the Department determines from FOR FURTHER INFORMATION CONTACT:
Attachment 1, Exhibit 3.
30 See AR6 Factual Information Memo at available information that an inquiry is Kabir Archuletta or Amanda Brings,
AD/CVD Operations, Office V,
sradovich on DSK3GMQ082PROD with NOTICES

Attachment 1, page 3. warranted with respect to other
31 See Memorandum to the File ‘‘Innerspring Macanese companies, we will consider Enforcement and Compliance,
Units Import Data,’’ dated concurrently with this conducting additional inquiries International Trade Administration,
initiation notice. U.S. Department of Commerce, 14th
32 See AR6 Factual Information Memo at
concurrently.
Street and Constitution Avenue NW.,
Attachments 1 and 2.
33 See Goldon Prelim, and accompanying 34 See AR6 Factual Information Memo at Washington, DC 20230; telephone: (202)
Preliminary Decision Memorandum at Attachment 3, page 2. 482–2593 or (202) 482–3927,
‘‘Affiliation.’’ 35 See, e.g., Goldon Initiation. respectively.

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Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Notices 83805

SUPPLEMENTARY INFORMATION: review because we requested but were with sections 751(a)(2)(B) and 777(i) of
not provided sufficient information to the Tariff Act of 1930, as amended, and
Background
conduct a bona fide analysis as required 19 CFR 351.214 and 19 CFR
For a complete description of the by the statute, and accordingly cannot 351.221(b)(5).
events that followed the publication of determine whether the new shipper Dated: November 14, 2016.
the Preliminary Rescission,1 see the sales of Jingmei are bona fide. Based on Paul Piquado,
Issues and Decision Memorandum.2 The the Department’s complete analysis of
Issues and Decision Memorandum is a Assistant Secretary for Enforcement and
all of the information and comments on
Compliance.
public document and is on file the record of this review, we make no
electronically via Enforcement and changes to the Preliminary Rescission. Appendix—List of Topics Discussed in
Compliance’s Antidumping and Accordingly, we have determined to the Issues and Decision Memorandum
Countervailing Duty Centralized rescind this NSR with respect to I. Summary
Electronic Service System (‘‘ACCESS’’). Jingmei. For a complete discussion, see II. Background
ACCESS is available to registered users the Preliminary Bona Fide Memo 5 and III. Scope of the Order
at http://access.trade.gov and in the the Issues and Decision Memorandum. IV. Discussion of the Issues
Department’s Central Records Unit, Assessment Comment 1: Whether the Department
room B8024 of the main Department of Should Have Conducted a Bona Fide
Commerce building. In addition, a As the Department is rescinding this Analysis
complete version of the Issues and NSR, we have not calculated a Comment 2: Whether the Department has
Decision Memorandum can be accessed company-specific dumping margin for ‘‘Penalized’’ Jingmei for Its Unaffiliated
Jingmei. Customers’ Partial Cooperation
directly on the Internet at http:// V. Recommendation
enforcement.trade.gov/frn/. The signed Cash Deposit Requirements [FR Doc. 2016–28103 Filed 11–21–16; 8:45 am]
Issues and Decision Memorandum and
Effective upon publication of this BILLING CODE 3510–DS–P
the electronic version of the Issues and
notice of the final rescission of the NSR
Decision Memorandum are identical in
of Jingmei, the Department will instruct
content.
U.S. Customs and Border Protection to DEPARTMENT OF COMMERCE
Scope of the Order discontinue the option of posting a bond
or security in lieu of a cash deposit for National Oceanic and Atmospheric
The merchandise covered by the Administration
Order is calcium hypochlorite, entries of subject merchandise from
regardless of form (e.g., powder, tablet Jingmei. Because we did not calculate a RIN 0648–XC644
(compressed), crystalline (granular), or dumping margin for Jingmei, Jingmei
continues to be part of the PRC-wide Marine Mammals; File No. 18016
in liquid solution), whether or not
entity. The cash deposit rate for the
blended with other materials, AGENCY: National Marine Fisheries
PRC-wide entity is 200.90 percent.6 The
containing at least 10% available Service (NMFS), National Oceanic and
current cash deposit requirements shall
chlorine measured by actual weight. Atmospheric Administration (NOAA),
remain in effect until further notice.
Calcium hypochlorite is currently Commerce.
classifiable under the subheading Administrative Protective Orders ACTION: Notice; receipt of application for
2828.10.0000 of the Harmonized Tariff This notice also serves as a reminder permit amendment.
Schedule of the United States.3 to parties subject to administrative
Analysis of Comments Received protective orders (‘‘APO’’) of their SUMMARY: Notice is hereby given that
responsibility concerning the return or Tamara McGuire, LGL Alaska Research
All issues raised in the case briefs by destruction of proprietary information Associates, Inc., 2000 W International
parties are addressed in the Issues and disclosed under APO in accordance Airport Rd, Suite C1, Anchorage, AK
Decision Memorandum.4 A list of the with 19 CFR 351.305, which continues 99502, has applied for an amendment to
issues which parties raised is attached to govern business proprietary Scientific Research Permit No. 18016.
to this notice as an Appendix. information in this segment of the DATES: Written, telefaxed, or email
Final Rescission of Jingmei New proceeding. Timely written notification comments must be received on or before
Shipper Review of the return/destruction of APO December 22, 2016.
materials or conversion to judicial ADDRESSES: The application and related
In the Preliminary Rescission, we protective order is hereby requested.
preliminarily determined to rescind this documents are available for review by
Failure to comply with the regulations selecting ‘‘Records Open for Public
1 See Calcium Hypochlorite From the People’s
and terms of an APO is a violation Comment’’ from the ‘‘Features’’ box on
Republic of China: Preliminary Intent to Rescind which is subject to sanction. the Applications and Permits for
the New Shipper Review of Haixing Jingmei The Department is issuing and Protected Species home page, https://
Chemical Products Sales Co., Ltd., 81 FR 41522 publishing these results in accordance apps.nmfs.noaa.gov, and then selecting
(June 27, 2016) (‘‘Preliminary Rescission’’).
2 See Memorandum to Paul Piquado, Assistant 5 See Memorandum to James Doyle, Director,
File No. 18016 from the list of available
Secretary for Enforcement and Compliance, from Office V, Antidumping and Countervailing Duty applications.
Christian Marsh, Deputy Assistant Secretary for Operations, through Catherine Bertrand, Program These documents are also available
Antidumping and Countervailing Duty Operations, Manager, Office V, Antidumping and upon written request or by appointment
‘‘Issues and Decision Memorandum for the Final Countervailing Duty Operations, from Kabir in the Permits and Conservation
sradovich on DSK3GMQ082PROD with NOTICES

Rescission of the Antidumping Duty New Shipper Archuletta, Senior International Trade Analyst,
Review of Calcium Hypochlorite From the People’s ‘‘Bona Fide Nature of the Sales in the Antidumping Division, Office of Protected Resources,
Republic of China: Haixing Jingmei Chemical Duty New Shipper Review of Calcium Hypochlorite NMFS, 1315 East-West Highway, Room
Products Sales Co., Ltd.’’ dated concurrently with From the People’s Republic of China: Haixing 13705, Silver Spring, MD 20910; phone
and hereby adopted by this notice (‘‘Issues and Jingmei Chemical Products Sales Co., Ltd.,’’ dated
Decision Memorandum’’).
(301) 427–8401; fax (301) 713–0376.
June 20, 2016 (‘‘Preliminary Bona Fide Memo’’).
3 For a complete description of the scope of the 6 See Calcium Hypochlorite From the People’s Written comments on this application
Order, see the Issues and Decision Memorandum. Republic of China: Antidumping Duty Order, 80 FR should be submitted to the Chief,
4 See Issues and Decision Memorandum. 5085 (January 30, 2015). Permits and Conservation Division, at

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Document Created: 2018-02-14 08:29:16
Document Modified: 2018-02-14 08:29:16

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 22, 2016.
Contact		Kabir Archuletta or Amanda Brings, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2593 or (202) 482-3927, respectively.
FR Citation		81 FR 83804

81 FR 83804 - Calcium Hypochlorite From the People's Republic of China: Final Decision To Rescind the New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd.

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 81, Issue 225 (November 22, 2016)

DEPARTMENT OF COMMERCE
International Trade Administration