81_FR_90135 81 FR 89896 - Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Preliminary Intent To Rescind Review, in Part; 2014

81 FR 89896 - Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Preliminary Intent To Rescind Review, in Part; 2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 239 (December 13, 2016)

Page Range89896-89897
FR Document2016-29844

The Department of Commerce (the ``Department'') preliminarily determines that countervailable subsidies are being provided to producers and exporters of chlorinated isocyanurates (``chloro isos'') from the People's Republic of China (the ``PRC''). Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 81 Issue 239 (Tuesday, December 13, 2016) 
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 89896-89897]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29844]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-991]


Chlorinated Isocyanurates From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review, and 
Preliminary Intent To Rescind Review, in Part; 2014

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 chlorinated isocyanurates (``chloro isos'') 
from the People's Republic of China (the ``PRC''). Interested parties 
are invited to comment on this preliminary determination.

DATES: Effective December 13, 2016.

FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Andrew Devine, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone 202.482.5307 or 202.482.0238, 
respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The products covered by the order are chloro isos, which are 
derivatives are cyanuric acid, described as chlorinated s-triazine 
triones.\1\ Chloro isos are currently classifiable under subheadings 
2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000, 3808.94.5000, 
and 3808.99.9500 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). The HTSUS subheadings are provided for convenience and 
customs purposes; the written product description of the scope of the 
order is dispositive.
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    \1\ For a complete description of the Scope of the Order, see 
Countervailing Duty Administrative Review of Chlorinated 
Isocyanurates from the People's Republic of China: Decision 
Memorandum for the Preliminary Results, published concurrently with 
this notice (``Preliminary Decision Memorandum'').
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Methodology

    On November 13, 2014, the Department published in the Federal 
Register a countervailing duty (``CVD'') order on chloro isos from the 
PRC.\2\ The Department is conducting this administrative review in 
accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as 
amended (``the Act''). For each of the subsidy programs found 
countervailable, we preliminarily find that there is a subsidy (i.e., a 
financial contribution from an authority that gives rise to a benefit 
to the recipient), and that the subsidy is specific.\3\ In making this 
preliminary determination, the Department relied, in part, on facts 
otherwise available, with the application of adverse inferences.\4\ For 
further information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the accompanying Preliminary Decision Memorandum. A 
list of topics discussed in the Preliminary Decision Memorandum is 
provided at Appendix I to this notice.
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    \2\ Id.
    \3\ 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.
    \4\ See Section 776(a) of the Act.
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    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 of the Preliminary Decision 
Memorandum are identical in content.

[[Page 89897]]

Intent To Rescind Administrative Review, In Part

    On May 16, 2016, the Department received a timely response 
indicating that Juancheng Kangtai Chemical Co., Ltd. (``Kangtai'') made 
no shipments to the United States during the POR, as part of its 
response to the Department's initial CVD questionnaire. Because there 
is no evidence on the record to the contrary, pursuant to 19 CFR 
351.213(d)(3), we preliminarily intend to rescind the review with 
respect to Kangtai. A final decision regarding whether to rescind the 
review of this company will be issued with the final results of review.

Preliminary Results of Review

    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:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd. (``Hebei Jiheng'')...........      20.94
Heze Huayi Chemical Co., Ltd. (``Huayi'')....................       1.04
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to parties to this proceeding 
the calculations performed in reaching the preliminary results within 
five days of the publication of these preliminary results.\5\ The 
Department also intends to issue a post-preliminary analysis memo on 
the Export Buyer's Credit program, as discussed in the Preliminary 
Decision Memorandum. Interested parties may submit written comments 
(case briefs) \6\ within 30 days of the issuance of the post-
preliminary results and rebuttal comments (rebuttal briefs) within five 
days after the time limit for filing case briefs.\7\ Rebuttal briefs 
must be limited to issues raised in the case briefs.\8\ Parties who 
submit case or rebuttal briefs are requested to submit with the 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\9\
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    \5\ See 19 CFR 351.224(b).
    \6\ See generally 19 CFR 351.303 (for general filing 
requirements).
    \7\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \8\ See 19 CFR 351.309(d)(2).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\10\ 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, 
we will inform parties of the scheduled date for the hearing which will 
be held at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a time and location to be determined.\11\ 
Parties should confirm by telephone the date, time, and location of the 
hearing. Issues addressed at the hearing will be limited to those 
raised in the briefs.\12\ All briefs and hearing requests must be filed 
electronically and received successfully in their entirety through 
ACCESS by 5:00 p.m. Eastern Time on the due date.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
    \12\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Assessment Rates and Cash Deposit Requirement

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
countervailing duties on all appropriate entries covered by this 
review. We intend to issue instructions to CBP 15 days after 
publication of the final results of review.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties, in the amounts shown above for each of the 
respective companies shown above, on shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed firms, we will instruct CBP to continue to collect cash 
deposits at the most recent company-specific or all-others rate 
applicable to the company, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Intent to Partially Rescind Review
IV. Scope of the Order
V. Application of CVD Law to Imports From the PRC
VI. Subsidies Valuation
VII. Benchmarks
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Disclosure and Public Comment
XI. Conclusion
[FR Doc. 2016-29844 Filed 12-12-16; 8:45 am]
 BILLING CODE 3510-DS-P

89896 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices Accordingly, the Department is Notification Regarding Administrative s-triazine triones.1 Chloro isos are rescinding this review, in part, with Protective Order currently classifiable under subheadings respect to these companies, in This notice serves as the only 2933.69.6015, 2933.69.6021, accordance with 19 CFR 353.213(d)(1).4 reminder to parties subject to 2933.69.6050, 3808.50.4000, The instant review will continue with administrative protective order (APO) of 3808.94.5000, and 3808.99.9500 of the their responsibility concerning the Harmonized Tariff Schedule of the respect to the following companies: B&R disposition of proprietary information United States (‘‘HTSUS’’). The HTSUS Industries Limited; Feidong Import and disclosed under APO in accordance subheadings are provided for Export Co., Ltd.; Foshan Zhaoshun with 19 CFR 351.305(a)(3). Timely convenience and customs purposes; the Trade Co., Ltd.; Guangdong Dongyuan written notification of return/ written product description of the scope Kitchenware Industrial Co., Ltd.; of the order is dispositive. Guangdong New Shichu Import & destruction of APO materials or Export Company Limited; Guangdong conversion to judicial protective order is Methodology Yingao Kitchen Utensils Co., Ltd.; hereby requested. Failure to comply On November 13, 2014, the Jiangmen Hongmao Trading Co., Ltd.; with the regulations and the terms of an Department published in the Federal Jiangmen New Star Hi-Tech Enterprise APO is a sanctionable violation. Register a countervailing duty (‘‘CVD’’) Ltd.; KaiPing Dawn Plumbing Products, This notice is published in order on chloro isos from the PRC.2 The Inc.; Ningbo Afa Kitchen and Bath Co., accordance with section 751 of the Act Department is conducting this Ltd.; Xinhe Stainless Steel Products Co., and 19 CFR 351.213(d)(4). administrative review in accordance Ltd.; Yuyao Afa Kitchenware Co., Ltd.; Dated: December 7, 2016. with section 751(a)(1)(A) of the Tariff and Zhongshan Superte Kitchenware Christian Marsh, Act of 1930, as amended (‘‘the Act’’). Co., Ltd. Deputy Assistant Secretary for Antidumping For each of the subsidy programs found and Countervailing Duty Operations. countervailable, we preliminarily find Assessment that there is a subsidy (i.e., a financial [FR Doc. 2016–29846 Filed 12–12–16; 8:45 am] The Department will instruct U.S. BILLING CODE 3510–DS–P contribution from an authority that Customs and Border Protection (CBP) to gives rise to a benefit to the recipient), and that the subsidy is specific.3 In assess antidumping duties on all DEPARTMENT OF COMMERCE making this preliminary determination, appropriate entries. For the companies the Department relied, in part, on facts for which this review is rescinded, International Trade Administration otherwise available, with the antidumping duties shall be assessed at application of adverse inferences.4 For rates equal to the cash deposit of [C–570–991] further information, see ‘‘Use of Facts estimated antidumping duties required Otherwise Available and Adverse at the time of entry, or withdrawal from Chlorinated Isocyanurates From the People’s Republic of China: Inferences’’ in the accompanying warehouse, for consumption, in Preliminary Decision Memorandum. A accordance with 19 CFR Preliminary Results of Countervailing Duty Administrative Review, and list of topics discussed in the 351.212(c)(1)(i). The Department Preliminary Decision Memorandum is Preliminary Intent To Rescind Review, intends to issue appropriate assessment provided at Appendix I to this notice. in Part; 2014 instructions directly to CBP 15 days The Preliminary Decision after the date of publication of this AGENCY: Enforcement and Compliance, Memorandum is a public document and notice in the Federal Register. International Trade Administration, is on file electronically via Enforcement Department of Commerce. and Compliance’s Antidumping and Notification to Importers SUMMARY: The Department of Commerce Countervailing Duty Centralized This notice serves as the only (the ‘‘Department’’) preliminarily Electronic Service System (ACCESS). reminder to importers whose entries determines that countervailable ACCESS is available to registered users will be liquidated as a result of this subsidies are being provided to at http://access.trade.gov, and is rescission notice, of their responsibility producers and exporters of chlorinated available to all parties in the Central under 19 CFR 351.402(f)(2) to file a isocyanurates (‘‘chloro isos’’) from the Records Unit, Room B8024 of the main certificate regarding the reimbursement People’s Republic of China (the ‘‘PRC’’). Department of Commerce building. In of antidumping duties and/or Interested parties are invited to addition, a complete version of the countervailing duties prior to comment on this preliminary Preliminary Decision Memorandum can liquidation of the relevant entries determination. be accessed directly at http:// during this review period. Failure to enforcement.trade.gov/frn. The signed DATES: Effective December 13, 2016. comply with this requirement may Preliminary Decision Memorandum and FOR FURTHER INFORMATION CONTACT: the electronic version of the Preliminary result in the presumption that Omar Qureshi or Andrew Devine, AD/ Decision Memorandum are identical in reimbursement of antidumping duties CVD Operations, Office V, Enforcement content. and/or countervailing duties occurred and Compliance, International Trade and the subsequent assessment of Administration, U.S. Department of 1 For a complete description of the Scope of the double antidumping duties. Commerce, 1401 Constitution Avenue Order, see Countervailing Duty Administrative NW., Washington, DC 20230; telephone Review of Chlorinated Isocyanurates from the 202.482.5307 or 202.482.0238, People’s Republic of China: Decision Memorandum pmangrum on DSK3GDR082PROD with NOTICES 4 As stated in Change in Practice in NME Reviews, the Department will no longer consider the non- for the Preliminary Results, published concurrently respectively. with this notice (‘‘Preliminary Decision market economy entity as an exporter conditionally subject to administrative reviews. See Antidumping SUPPLEMENTARY INFORMATION: Memorandum’’). 2 Id. Proceedings; Announcement of Change in Department Practice for Respondent Selection in Scope of the Order 3 See Sections 771(5)(B) and (D) of the Act Antidumping Duty Proceedings and Conditional regarding financial contribution; section 771(5)(E) Review of the Nonmarket Economy Entity in NME The products covered by the order are of the Act regarding benefit; and section 771(5A) of Antidumping Duty Proceedings, 78 FR 65963 chloro isos, which are derivatives are the Act regarding specificity. (November 3, 2013). cyanuric acid, described as chlorinated 4 See Section 776(a) of the Act. VerDate Sep<11>2014 15:08 Dec 12, 2016 Jkt 241001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices 89897 Intent To Rescind Administrative Assistant Secretary for Enforcement and the Act and 19 CFR 351.213 and Review, In Part Compliance, U.S. Department of 351.221(b)(4). On May 16, 2016, the Department Commerce, using Enforcement and Dated: December 5, 2016. received a timely response indicating Compliance’s ACCESS system.10 Paul Piquado, that Juancheng Kangtai Chemical Co., Requests should contain the party’s Assistant Secretary for Enforcement and Ltd. (‘‘Kangtai’’) made no shipments to name, address, and telephone number, Compliance. the United States during the POR, as the number of participants, and a list of the issues to be discussed. If a request Appendix part of its response to the Department’s initial CVD questionnaire. Because there for a hearing is made, we will inform List of Topics Discussed in the Preliminary is no evidence on the record to the parties of the scheduled date for the Decision Memorandum contrary, pursuant to 19 CFR hearing which will be held at the U.S. I. Summary 351.213(d)(3), we preliminarily intend Department of Commerce, 1401 II. Background to rescind the review with respect to Constitution Avenue NW., Washington, III. Intent to Partially Rescind Review Kangtai. A final decision regarding DC 20230, at a time and location to be IV. Scope of the Order whether to rescind the review of this determined.11 Parties should confirm by V. Application of CVD Law to Imports From telephone the date, time, and location of the PRC company will be issued with the final VI. Subsidies Valuation results of review. the hearing. Issues addressed at the hearing will be limited to those raised VII. Benchmarks Preliminary Results of Review in the briefs.12 All briefs and hearing VIII. Use of Facts Otherwise Available and Adverse Inferences In accordance with section requests must be filed electronically and IX. Analysis of Programs 703(d)(1)(A)(i) of the Act, we calculated received successfully in their entirety X. Disclosure and Public Comment an estimated individual countervailable through ACCESS by 5:00 p.m. Eastern XI. Conclusion subsidy rate for each producer/exporter Time on the due date. [FR Doc. 2016–29844 Filed 12–12–16; 8:45 am] of the subject merchandise individually Unless the deadline is extended BILLING CODE 3510–DS–P investigated. We preliminarily pursuant to section 751(a)(3)(A) of the determine these rates to be: Act, the Department intends to issue the final results of this administrative DEPARTMENT OF COMMERCE Company Subsidy review, including the results of our rate analysis of the issues raised by the International Trade Administration parties in their comments, within 120 [A–570–001] Hebei Jiheng Chemical Co., Ltd. days after publication of these (‘‘Hebei Jiheng’’) ....................... 20.94 Heze Huayi Chemical Co., Ltd. preliminary results. Potassium Permanganate From the (‘‘Huayi’’) ................................... 1.04 People’s Republic of China: Assessment Rates and Cash Deposit Preliminary Results of the 2015 Requirement Disclosure and Public Comment Antidumping Duty Administrative Upon issuance of the final results, the Review The Department intends to disclose to Department shall determine, and U.S. parties to this proceeding the AGENCY: Enforcement and Compliance, Customs and Border Protection (‘‘CBP’’) calculations performed in reaching the International Trade Administration, shall assess, countervailing duties on all preliminary results within five days of Department of Commerce. appropriate entries covered by this the publication of these preliminary review. We intend to issue instructions SUMMARY: The Department of Commerce results.5 The Department also intends to to CBP 15 days after publication of the (the ‘‘Department’’) is conducting an issue a post-preliminary analysis memo final results of review. administrative review of the on the Export Buyer’s Credit program, as antidumping duty (‘‘AD’’) order on Pursuant to section 751(a)(2)(C) of the discussed in the Preliminary Decision potassium permanganate from the Act, the Department also intends to Memorandum. Interested parties may People’s Republic of China (the ‘‘PRC’’). instruct CBP to collect cash deposits of submit written comments (case briefs) 6 The period of review (‘‘POR’’) is January estimated countervailing duties, in the within 30 days of the issuance of the 1, 2015 through December 31, 2015. The amounts shown above for each of the post-preliminary results and rebuttal Department preliminarily determines respective companies shown above, on comments (rebuttal briefs) within five that Potassium Permanganate from the shipments of subject merchandise days after the time limit for filing case PRC is being, or is likely to be, sold in entered, or withdrawn from warehouse, briefs.7 Rebuttal briefs must be limited the United States at less than fair value for consumption on or after the date of to issues raised in the case briefs.8 (‘‘LTFV’’), as provided in section 733 of publication of the final results of this Parties who submit case or rebuttal the Tariff Act of 1930, as amended (‘‘the review. For all non-reviewed firms, we briefs are requested to submit with the Act’’). The estimated weighted-average will instruct CBP to continue to collect argument: (1) A statement of the issue; dumping margin is shown in the cash deposits at the most recent (2) a brief summary of the argument; ‘‘Preliminary Determination’’ section of company-specific or all-others rate and (3) a table of authorities.9 this notice. Interested parties are invited applicable to the company, as Interested parties who wish to request to comment on this preliminary appropriate. These cash deposit a hearing must do so within 30 days of determination. requirements, when imposed, shall publication of these preliminary results DATES: Effective December 13, 2016. pmangrum on DSK3GDR082PROD with NOTICES remain in effect until further notice. by submitting a written request to the FOR FURTHER INFORMATION CONTACT: These preliminary results of review 5 See are issued and published in accordance Kenneth Hawkins, AD/CVD Operations, 19 CFR 351.224(b). 6 See with sections 751(a)(1) and 777(i)(1) of Office V, Enforcement and Compliance, generally 19 CFR 351.303 (for general filing requirements). International Trade Administration, 7 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 10 See 19 CFR 351.310(c). U.S. Department of Commerce, 1401 8 See 19 CFR 351.309(d)(2). 11 See 19 CFR 351.310. Constitution Avenue NW., Washington, 9 See 19 CFR 351.309(c)(2) and (d)(2). 12 See 19 CFR 351.310(c). DC 20230; telephone 202–482–6491. VerDate Sep<11>2014 15:08 Dec 12, 2016 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1


Document Created: 2016-12-13 02:44:57
Document Modified: 2016-12-13 02:44:57
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 December 13, 2016.
ContactOmar Qureshi or Andrew Devine, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202.482.5307 or 202.482.0238, respectively.
FR Citation81 FR 89896 
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