82 FR 13094 - Ammonium Sulfate From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 45 (March 9, 2017)
International Trade Administration
Federal Register Volume 82, Issue 45 (March 9, 2017)
| Page Range | 13094-13095 | |
| FR Document | 2017-04753 |
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)] [Notices] [Pages 13094-13095] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04753] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-049, C-570-050] Ammonium Sulfate From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC''), the Department is issuing antidumping duty (``AD'') and countervailing duty (``CVD'') orders on ammonium sulfate from the People's Republic of China (``PRC''). DATES: Effective March 9, 2017. FOR FURTHER INFORMATION CONTACT: Tom Martin (AD) at (202) 482-3936 or Robert Galantucci (CVD) at (202) 482-2923, AD/CVD Operations, Office IV, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the ``Act''), on January 17, 2017, and January 25, 2017, respectively, the Department published its affirmative final determination that countervailable subsidies are being provided to producers and exporters of ammonium sulfate from the PRC and its affirmative final determination of sales at less than fair value (``LTFV'').\1\ On March 2, 2017, the ITC notified the Department of its final affirmative determination that an industry in the United States is materially injured by reason of LTFV imports and subsidized imports of ammonium sulfate from the PRC, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\ --------------------------------------------------------------------------- \1\ See Ammonium Sulfate from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 82 FR 4850 (January 17, 2017) (``CVD Final Determination''); Ammonium Sulfate from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 82 FR 8403 (January 25, 2017) (``AD Final Determination''). \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding antidumping and countervailing duty investigations concerning imports of ammonium sulfate from the People's Republic of China (Investigation Nos 701-TA-562 and 731-TA-1329), dated March 2, 2017 (``ITC Letter''). --------------------------------------------------------------------------- Scope of the Orders The merchandise covered by these orders 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 these orders. 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 these orders is not excluded when commingled (i.e., mixed or combined) with ammonium sulfate from sources not subject to these orders. Only the subject component of such commingled products is covered by the scope of these orders. The Chemical Abstracts Service (``CAS'') registry number for ammonium sulfate is 7783-20-2. The merchandise covered by these orders is currently classifiable under Harmonized Tariff Schedule of the [[Page 13095]] 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 orders is dispositive. Antidumping Duty Order In accordance with section 735(d) of the Act, the ITC has notified the Department of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of ammonium sulfate that are sold in the United States at LTFV. Therefore, in accordance with section 735(c)(2) of the Act, we are publishing this antidumping duty order. Because the ITC determined that imports of ammonium sulfate from the PRC are materially injuring a U.S. industry, unliquidated entries of such merchandise from the PRC, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. In accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (``CBP'') to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of ammonium sulfate from the PRC. Antidumping duties will be assessed on unliquidated entries of ammonium sulfate from the PRC entered, or withdrawn from warehouse, for consumption on or after November 9, 2016, the date of publication of the AD Preliminary Determination.\3\ --------------------------------------------------------------------------- \3\ See Ammonium Sulfate from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 81 FR 78776 (November 9, 2016). --------------------------------------------------------------------------- Continuation of Suspension of Liquidation (AD) In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on entries of subject merchandise from the PRC. These instructions suspending liquidation will remain in effect until further notice. We will also instruct CBP to require cash deposits equal to the amount indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average dumping margin listed below. The Department has made no adjustments to the antidumping cash deposit rate because the Department has made no findings in the countervailing duty investigation that any of the programs are export subsidies.\4\ --------------------------------------------------------------------------- \4\ See AD Final Determination, 82 FR at 8404. --------------------------------------------------------------------------- Estimated Weighted-Average Antidumping Duty Margin The weighted-average antidumping duty margin is as follows: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ PRC-Wide Entity............................................. 493.46 ------------------------------------------------------------------------ Countervailing Duty Order In accordance with section 705(d) of the Act, the ITC notified the Department of its final determination that the industry in the United States producing ammonium sulfate is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of ammonium sulfate from the PRC.\5\ Therefore, in accordance with section 706(a) of the Act, we are publishing this countervailing duty order. --------------------------------------------------------------------------- \5\ See ITC Letter. --------------------------------------------------------------------------- As a result of the ITC's final determination, in accordance with section 706(a) of the Act, the Department will direct CBP to assess, upon further instruction by the Department, countervailing duties on unliquidated entries of ammonium sulfate entered, or withdrawn from warehouse, for consumption on or after November 2, 2016, the date of publication of the CVD Preliminary Determination.\6\ --------------------------------------------------------------------------- \6\ See Countervailing Duty Investigation of Ammonium Sulfate from the People's Republic of China: Preliminary Affirmative Determination, 81 FR 76332 (November 2, 2016). --------------------------------------------------------------------------- However, section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Therefore, entries of ammonium sulfate made on or after March 2, 2017, and prior to the date of publication of the ITC's final determination in the Federal Register, are not liable for the assessment of countervailing duties, due to the Department's discontinuation, effective March 2, 2017, of the suspension of liquidation. Suspension of Liquidation (CVD) In accordance with section 706 of the Act, the Department will direct CBP to reinstitute suspension of liquidation, effective on the date of publication of the ITC's notice of final determination in the Federal Register, and to assess, upon further instruction by the Department pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rate for the subject merchandise. The Department will also direct CBP to require a cash deposit for each entry of subject merchandise in an amount equal to the net countervailable subsidy rates listed below. The All-Others rate applies to all producers and exporters of subject merchandise not specifically listed. ------------------------------------------------------------------------ Subsidy Exporter/producer rate (percent) ------------------------------------------------------------------------ Wuzhoufeng Agricultural Science & Technology Co. Ltd........ 206.72 Yantai Jiahe Agriculture Means of Production Co. Ltd........ 206.72 All-Others.................................................. 206.72 ------------------------------------------------------------------------ Notification to Interested Parties This notice constitutes the AD and CVD orders with respect to ammonium sulfate from the PRC pursuant to sections 736(a) and 706(a) of the Act. Interested parties can find an updated list of orders currently in effect by either visiting http://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records Unit, Room B8024 of the main Commerce Building. These orders are published in accordance with sections 706(a), 736(a), and 777(i) of the Act, and 19 CFR 351.211(b). Dated: March 6, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-04753 Filed 3-8-17; 8:45 am] BILLING CODE 3510-DS-P
![13094 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
of dumping in the event of revocation of Dated: March 1, 2017. at less than fair value (‘‘LTFV’’).1 On
the AD Order and the magnitude of the Ronald K. Lorentzen, March 2, 2017, the ITC notified the
margins likely to prevail if the order Acting Assistant Secretary for Enforcement Department of its final affirmative
were revoked, is provided in the and Compliance. determination that an industry in the
accompanying Issues and Decision United States is materially injured by
Appendix
Memorandum, which is hereby adopted reason of LTFV imports and subsidized
by this notice.6 The Issues and Decision List of Topics Discussed in the Issues and imports of ammonium sulfate from the
Memorandum is a public document and Decision Memorandum PRC, within the meaning of sections
is on file electronically via Enforcement I. Summary 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the
and Compliance’s Antidumping and II. Background Act.2
Countervailing Duty Centralized III. Scope of the Order
IV. History of the Order Scope of the Orders
Electronic Service System (ACCESS). V. Legal Framework
ACCESS is available to registered users The merchandise covered by these
VI. Discussion of the Issues orders is ammonium sulfate in all
at https://access.trade.gov and to all 1. Likelihood of Continuation or
parties in the Central Records Unit, physical forms, with or without
Recurrence of Dumping
2. Magnitude of the Margins Likely To additives such as anti-caking agents.
Room B8024 of the main Department of
Prevail Ammonium sulfate, which may also be
Commerce building. In addition, a
VII. Final Results of Sunset Review spelled as ammonium sulphate, has the
complete version of the Issues and
VIII. Recommendation chemical formula (NH4)2SO4.
Decision Memorandum can be accessed The scope includes ammonium
[FR Doc. 2017–04640 Filed 3–8–17; 8:45 am]
directly on the Internet at http:// sulfate that is combined with other
enforcement.trade.gov/frnl. The signed BILLING CODE 3510–DS–P
products, including by, for example,
Issues and Decision Memorandum and blending (i.e., mixing granules of
the electronic version of the Issues and ammonium sulfate with granules of one
DEPARTMENT OF COMMERCE
Decision Memorandum are identical in or more other products), compounding
content. International Trade Administration (i.e., when ammonium sulfate is
Final Results of Sunset Review compacted with one or more other
[A–570–049, C–570–050] products under high pressure), or
Pursuant to sections 751(c)(1) and granulating (incorporating multiple
752(c)(1) and (3) of the Act, the Ammonium Sulfate From the People’s products into granules through, e.g., a
Department determines that revocation Republic of China: Antidumping Duty slurry process). For such combined
of the AD Order would be likely to lead and Countervailing Duty Orders products, only the ammonium sulfate
to continuation or recurrence of component is covered by the scope of
dumping, and that the magnitude of the AGENCY: Enforcement and Compliance, these orders.
dumping margins likely to prevail International Trade Administration, Ammonium sulfate that has been
would be weighted-average margins up Department of Commerce. combined with other products is
to 25.62 percent. SUMMARY: Based on affirmative final included within the scope regardless of
determinations by the Department of whether the combining occurs in
Notification to Interested Parties Commerce (‘‘Department’’) and the countries other than China.
International Trade Commission Ammonium sulfate that is otherwise
This notice serves as the only subject to these orders is not excluded
reminder to parties subject to (‘‘ITC’’), the Department is issuing
antidumping duty (‘‘AD’’) and when commingled (i.e., mixed or
administrative protective order (APO) of combined) with ammonium sulfate from
their responsibility concerning the countervailing duty (‘‘CVD’’) orders on
ammonium sulfate from the People’s sources not subject to these orders. Only
return or destruction of proprietary the subject component of such
information disclosed under APO in Republic of China (‘‘PRC’’).
commingled products is covered by the
accordance with 19 CFR 351.305. DATES: Effective March 9, 2017. scope of these orders.
Timely written notification of the return FOR FURTHER INFORMATION CONTACT: Tom The Chemical Abstracts Service
or destruction of APO materials, or Martin (AD) at (202) 482–3936 or Robert (‘‘CAS’’) registry number for ammonium
conversion to judicial protective order, Galantucci (CVD) at (202) 482–2923, sulfate is 7783–20–2.
is hereby requested. Failure to comply AD/CVD Operations, Office IV, The merchandise covered by these
with the regulations and terms of an Enforcement and Compliance, U.S. orders is currently classifiable under
APO is a violation which is subject to Department of Commerce, 1401 Harmonized Tariff Schedule of the
sanction. Constitution Avenue NW., Washington,
We are issuing and publishing these DC 20230. 1 See Ammonium Sulfate from the People’s
Republic of China: Final Affirmative Countervailing
results and notice in accordance with SUPPLEMENTARY INFORMATION: Duty Determination, 82 FR 4850 (January 17, 2017)
sections 751(c), 752(c), and 777(i)(1) of (‘‘CVD Final Determination’’); Ammonium Sulfate
the Act, 19 CFR 351.218, and 19 CFR Background from the People’s Republic of China: Final
Affirmative Determination of Sales at Less Than
351.221(c)(5)(ii). In accordance with sections 705(d) Fair Value, 82 FR 8403 (January 25, 2017) (‘‘AD
and 735(d) of the Tariff Act of 1930, as Final Determination’’).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
6 See Memorandum from James Maeder, Senior amended (the ‘‘Act’’), on January 17, 2 See Letter to Ronald Lorentzen, Acting Assistant
Director, Office I, Antidumping and Countervailing 2017, and January 25, 2017, Secretary of Commerce for Enforcement and
Duty Operations, to Ronald K. Lorentzen, Acting Compliance, from Rhonda K. Schmidtlein,
Assistant Secretary for Enforcement and
respectively, the Department published Chairman of the U.S. International Trade
Compliance, ‘‘Issues and Decision Memorandum for its affirmative final determination that Commission, regarding antidumping and
the Expedited First Sunset Review of the countervailable subsidies are being countervailing duty investigations concerning
Antidumping Duty Order on Multilayered Wood provided to producers and exporters of imports of ammonium sulfate from the People’s
Flooring from the People’s Republic of China,’’ Republic of China (Investigation Nos 701–TA–562
dated concurrently with this notice (Issues and
ammonium sulfate from the PRC and its and 731–TA–1329), dated March 2, 2017 (‘‘ITC
Decision Memorandum). affirmative final determination of sales Letter’’).
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![Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13095
United States (‘‘HTSUS’’) subheading estimated weighted-average dumping Suspension of Liquidation (CVD)
3102.21.0000. Although this HTSUS margin listed below. The Department In accordance with section 706 of the
subheading and CAS registry number has made no adjustments to the Act, the Department will direct CBP to
are provided for convenience and antidumping cash deposit rate because reinstitute suspension of liquidation,
customs purposes, the written the Department has made no findings in effective on the date of publication of
description of the scope of the orders is the countervailing duty investigation the ITC’s notice of final determination
dispositive. that any of the programs are export in the Federal Register, and to assess,
Antidumping Duty Order subsidies.4 upon further instruction by the
In accordance with section 735(d) of Estimated Weighted-Average Department pursuant to section
the Act, the ITC has notified the Antidumping Duty Margin 706(a)(1) of the Act, countervailing
Department of its final determination duties for each entry of the subject
that an industry in the United States is The weighted-average antidumping merchandise in an amount based on the
materially injured within the meaning duty margin is as follows: net countervailable subsidy rate for the
of section 735(b)(1)(A)(i) of the Act by subject merchandise. The Department
reason of imports of ammonium sulfate Weighted- will also direct CBP to require a cash
average deposit for each entry of subject
that are sold in the United States at Exporter/producer margin
LTFV. Therefore, in accordance with merchandise in an amount equal to the
(percent)
section 735(c)(2) of the Act, we are net countervailable subsidy rates listed
publishing this antidumping duty order. PRC-Wide Entity ......................... 493.46 below. The All-Others rate applies to all
Because the ITC determined that producers and exporters of subject
imports of ammonium sulfate from the Countervailing Duty Order merchandise not specifically listed.
PRC are materially injuring a U.S.
industry, unliquidated entries of such In accordance with section 705(d) of Subsidy
Exporter/producer rate
merchandise from the PRC, entered or the Act, the ITC notified the Department (percent)
withdrawn from warehouse for of its final determination that the
consumption, are subject to the industry in the United States producing Wuzhoufeng Agricultural Science
assessment of antidumping duties. ammonium sulfate is materially injured & Technology Co. Ltd ............. 206.72
In accordance with section 736(a)(1) within the meaning of section Yantai Jiahe Agriculture Means
of the Act, the Department will direct 705(b)(1)(A)(i) of the Act by reason of of Production Co. Ltd .............. 206.72
U.S. Customs and Border Protection All-Others .................................... 206.72
subsidized imports of ammonium
(‘‘CBP’’) to assess, upon further sulfate from the PRC.5 Therefore, in
instruction by the Department, accordance with section 706(a) of the Notification to Interested Parties
antidumping duties equal to the amount Act, we are publishing this This notice constitutes the AD and
by which the normal value of the countervailing duty order. CVD orders with respect to ammonium
merchandise exceeds the export price sulfate from the PRC pursuant to
(or constructed export price) of the As a result of the ITC’s final
determination, in accordance with sections 736(a) and 706(a) of the Act.
merchandise, for all relevant entries of Interested parties can find an updated
ammonium sulfate from the PRC. section 706(a) of the Act, the
list of orders currently in effect by either
Antidumping duties will be assessed on Department will direct CBP to assess,
visiting http://enforcement.trade.gov/
unliquidated entries of ammonium upon further instruction by the
stats/iastats1.html or by contacting the
sulfate from the PRC entered, or Department, countervailing duties on
Department’s Central Records Unit,
withdrawn from warehouse, for unliquidated entries of ammonium
Room B8024 of the main Commerce
consumption on or after November 9, sulfate entered, or withdrawn from Building.
2016, the date of publication of the AD warehouse, for consumption on or after These orders are published in
Preliminary Determination.3 November 2, 2016, the date of accordance with sections 706(a), 736(a),
publication of the CVD Preliminary and 777(i) of the Act, and 19 CFR
Continuation of Suspension of
Determination.6 351.211(b).
Liquidation (AD)
However, section 703(d) of the Act Dated: March 6, 2017.
In accordance with section
states that the suspension of liquidation
735(c)(1)(B) of the Act, we will instruct Ronald K. Lorentzen,
CBP to continue to suspend liquidation pursuant to a preliminary determination
Acting Assistant Secretary for Enforcement
on entries of subject merchandise from may not remain in effect for more than and Compliance.
the PRC. These instructions suspending four months. Therefore, entries of
[FR Doc. 2017–04753 Filed 3–8–17; 8:45 am]
liquidation will remain in effect until ammonium sulfate made on or after
BILLING CODE 3510–DS–P
further notice. March 2, 2017, and prior to the date of
We will also instruct CBP to require publication of the ITC’s final
cash deposits equal to the amount determination in the Federal Register, DEPARTMENT OF COMMERCE
indicated below. Accordingly, effective are not liable for the assessment of
on the date of publication of the ITC’s countervailing duties, due to the International Trade Administration
final affirmative injury determination, Department’s discontinuation, effective
asabaliauskas on DSK3SPTVN1PROD with NOTICES
CBP will require, at the same time as March 2, 2017, of the suspension of Renewable Energy and Energy
importers would normally deposit liquidation. Efficiency Advisory Committee
estimated duties on this subject AGENCY: International Trade
merchandise, a cash deposit equal to the 4 See AD Final Determination, 82 FR at 8404. Administration, Commerce.
5 See ITC Letter.
3 See Ammonium Sulfate from the People’s 6 See Countervailing Duty Investigation of ACTION: Notice of an open meeting.
Republic of China: Preliminary Determination of Ammonium Sulfate from the People’s Republic of
Sales at Less Than Fair Value, 81 FR 78776 China: Preliminary Affirmative Determination, 81 SUMMARY: The Renewable Energy and
(November 9, 2016). FR 76332 (November 2, 2016). Energy Efficiency Advisory Committee
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Document Created: 2017-03-09 04:58:51
Document Modified: 2017-03-09 04:58:51
| 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 March 9, 2017. | |
| Contact | Tom Martin (AD) at (202) 482-3936 or Robert Galantucci (CVD) at (202) 482-2923, AD/CVD Operations, Office IV, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 82 FR 13094 |
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