82 FR 15494 - Calcium Hypochlorite From the People's Republic of China: Final Decision To Rescind the Countervailing Duty New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd.
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 59 (March 29, 2017)
International Trade Administration
Federal Register Volume 82, Issue 59 (March 29, 2017)
| Page Range | 15494-15495 | |
| FR Document | 2017-06196 |
[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)] [Notices] [Pages 15494-15495] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06196] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-009] Calcium Hypochlorite From the People's Republic of China: Final Decision To Rescind the Countervailing Duty New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd. AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On January 3, 2017, the Department of Commerce (the Department) published its Preliminary intent to rescind the new shipper review (NSR) of the countervailing duty order on calcium hypochlorite from the People's Republic of China (PRC). The period of review is May 27, 2014, through December 31, 2015. As discussed below, we announced our preliminary intent to rescind this review because the Department requested but did not receive from Haixing Jingmei Chemical Products Sales Co., Ltd. (Jingmei) and its customers' information requested by the Department to determine whether, and conclude that, the sale under review is bona fide. [[Page 15495]] Based on our analysis of the comments received, we make no changes to the preliminary intent to rescind. Accordingly, we have determined to rescind this NSR. DATES: Effective March 29, 2017. FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Elizabeth Lobaugh, 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) 482-5260 or (202) 482-7425, respectively. SUPPLEMENTARY INFORMATION: Background For a complete description of the events that followed the publication of the Preliminary Intent to Rescind,\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 to all users 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., 82 FR 83 (January 3, 2017) (Preliminary Intent to Rescind). \2\ See Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from James Doyle, Director, Office V, ``Issues and Decision Memorandum for the Final Rescission of the Countervailing 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. --------------------------------------------------------------------------- Final Rescission of Jingmei New Shipper Review In the Preliminary Intent to Rescind, we preliminarily determined to rescind this review because we requested, but were not provided, sufficient information to determine whether, and conclude that, Jingmei's sale of subject merchandise to the United States was bona fide. Based on the Department's complete analysis of all the information and comments on the record of this review, we make no changes to the Preliminary Intent to Rescind. Accordingly, we have determined to rescind this NSR. For a complete discussion, see the Issues and Decision Memorandum and the Preliminary Bona Fides Memo.\5\ --------------------------------------------------------------------------- \5\ See Memorandum to James C. Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, through Catherine Bertrand, Program Manager, Office V, Antidumping and Countervailing Duty Operations, from Elizabeth Lobaugh, International Trade Analyst, ``Bona Fide Nature of the Sale in the Countervailing Duty New Shipper Review of Calcium Hypochlorite from the People's Republic of China: Haixing Jingmei Chemical Products Sales Co., Ltd.'' (December 27, 2016) (Preliminary Bona Fides Memo). --------------------------------------------------------------------------- Assessment As the Department is rescinding this NSR, we have not calculated a company-specific subsidy rate 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 subsidy rate for Jingmei, Jingmei continues to be subject to the all-others rate. The all-others rate is 65.85 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: Countervailing Duty Order, 80 FR 5085 (January 30, 2015). --------------------------------------------------------------------------- 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: March 23, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. 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: Whether the Record Contains Sufficient Information To Conduct a Bona Fides Analysis V. Recommendation [FR Doc. 2017-06196 Filed 3-28-17; 8:45 am] BILLING CODE 3510-DS-P
![15494 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices
Final Third Redetermination 8 on must publish a notice of a court Amended Final Determination
December 9, 2016. On March 16, 2017, decision that is not ‘‘in harmony’’ with
the Court affirmed the Department’s a Department determination and must Because there is now a final court
Final Third Redetermination in its suspend liquidation of entries pending decision with respect to this litigation,
entirety.9 a ‘‘conclusive’’ court decision. The CIT’s the Department is amending the Wind
March 16, 2017, judgment affirming the Towers Final Determination with
Timken Notice respect to the CS Wind Group’s
Final Third Redetermination constitutes
In its decision in Timken,10 as a final decision of that court that is not dumping margin and cash deposit rate.
clarified by Diamond Sawblades,11 the in harmony with the Wind Towers Final The revised dumping margin and cash
CAFC held that, pursuant to section Determination. This notice is published deposit rate for this exporter/producer
516A(e) of the Tariff Act of 1930, as in fulfillment of the publication combination is 0.00 percent.12
amended (the Act), the Department requirements of Timken.
Estimated
weighted-average
Producer Exporter dumping margin
(percent)
CS Wind Group ....................................................................... CS Wind Group ....................................................................... 0.00
Partial Exclusion From the we will instruct CBP to continue the Dated: March 24, 2017.
Antidumping Duty Order and Partial suspension of liquidation at a cash Gary Taverman,
Discontinuation of the Antidumping deposit rate of 0.00 percent for entries Associate Deputy Assistant Secretary for
Duty Administrative Review produced and exported by CS Wind Antidumping and Countervailing Duty
Pursuant to sections 735(c)(2) of the Group until otherwise instructed and to Operations.
Act, ‘‘the investigation shall be release any bond or other security that [FR Doc. 2017–06254 Filed 3–28–17; 8:45 am]
terminated upon publication of that CS Wind Group made pursuant to the BILLING CODE 3510–DS–P
negative determination’’ and the Final Third Redetermination. If the
Department shall ‘‘terminate the CIT’s ruling is not appealed, or if
suspension of liquidation’’ and ‘‘release appealed and upheld, the Department DEPARTMENT OF COMMERCE
any bond or other security, and refund will instruct CBP to terminate the International Trade Administration
any cash deposit.’’ See Sections suspension of liquidation and to
735(c)(2)(A) and (B) of the Act. As a liquidate entries produced and exported [C–570–009]
result of this amended final by CS Wind Group without regard to
determination, in which the Department Calcium Hypochlorite From the
antidumping duties. As a result of the
calculated a weighted-average dumping People’s Republic of China: Final
exclusion, the Department will not Decision To Rescind the
margin of 0.00 percent for CS Wind initiate any new administrative reviews
Group, the Department is hereby Countervailing Duty New Shipper
of the antidumping duty order with Review of Haixing Jingmei Chemical
excluding merchandise from the
respect to merchandise produced and Products Sales Co., Ltd.
following producer/exporter chain from
exported by CS Wind Group. The
the antidumping duty order: AGENCY: Enforcement and Compliance,
Producer: CS Wind Group. review will continue with regard to
Exporter: CS Wind Group. merchandise produced by CS Wind International Trade Administration,
Accordingly, the Department will Group and exported by another Department of Commerce.
direct U.S. Customs and Border company or produced by any other SUMMARY: On January 3, 2017, the
Protection (CBP) to release any bonds or company and exported by CS Wind Department of Commerce (the
other security and refund cash deposits. Group. Department) published its Preliminary
This exclusion does not apply to Finally, we note that, at this time, the intent to rescind the new shipper review
merchandise produced by CS Wind Department remains enjoined by Court (NSR) of the countervailing duty order
Group and exported by any other on calcium hypochlorite from the
order from liquidating entries produced
company. Therefore, resellers of People’s Republic of China (PRC). The
and/or exported by CS Wind Group
merchandise produced, or produced period of review is May 27, 2014,
during the period February 13, 2013,
and exported by CS Wind Group, are through December 31, 2015. As
through January 31, 2014. These entries
not entitled to the exclusion. Similarly, discussed below, we announced our
will remain enjoined pursuant to the preliminary intent to rescind this review
the exclusion does not apply to
terms of the injunction during the because the Department requested but
merchandise produced by any other
company and exported by CS Wind pendency of any appeals process. did not receive from Haixing Jingmei
Group. Notification to Interested Parties Chemical Products Sales Co., Ltd.
We note, however, that pursuant to (Jingmei) and its customers’ information
Timken, the suspension of liquidation This notice is issued and published in requested by the Department to
must continue during the pendency of accordance with sections 516A(e)(1), determine whether, and conclude that,
mstockstill on DSK3G9T082PROD with NOTICES
the appeals process. Thus, at this time 751(a)(1), and 777(i)(1) of the Act. the sale under review is bona fide.
8 See Final Results of Redetermination Pursuant 9 See CS Wind Vietnam Co., Ltd. and CS Wind 10 Timken Co. v. United States, 893 F.2d 337
to Court Order, CS Wind Vietnam Co., Ltd. and CS Corporatio v. United States, Consol. Court No. 13– (Fed. Cir. 1990) (Timken).
Wind Corporation v. United States, Consol. Court 00102, Slip Op. 17–26 (CIT March 16, 2017); see 11 Diamond Sawblades Mfrs. Coalition v. United
No. 13–00102, dated October 4, 2016 (Third Final also http://enforcement.trade.gov/remands/ States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond
Redetermination). index.html. Sawblades).
12 See Final Third Redetermination.
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![Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices 15495
Based on our analysis of the comments Harmonized Tariff Schedule of the Administrative Protective Orders
received, we make no changes to the United States.3 This notice also serves as a reminder
preliminary intent to rescind. to parties subject to administrative
Accordingly, we have determined to Analysis of Comments Received
protective orders (APO) of their
rescind this NSR. All issues raised in the case briefs by responsibility concerning the return or
DATES: Effective March 29, 2017. parties are addressed in the Issues and destruction of proprietary information
FOR FURTHER INFORMATION CONTACT: Decision Memorandum.4 A list of the disclosed under APO in accordance
Ryan Mullen or Elizabeth Lobaugh, AD/ issues which parties raised is attached with 19 CFR 351.305, which continues
CVD Operations, Office V, Enforcement to this notice as an Appendix. to govern business proprietary
and Compliance, International Trade information in this segment of the
Final Rescission of Jingmei New proceeding. Timely written notification
Administration, U.S. Department of
Shipper Review of the return/destruction of APO
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: In the Preliminary Intent to Rescind, materials or conversion to judicial
(202) 482–5260 or (202) 482–7425, we preliminarily determined to rescind protective order is hereby requested.
respectively. this review because we requested, but Failure to comply with the regulations
were not provided, sufficient and terms of an APO is a violation
SUPPLEMENTARY INFORMATION: which is subject to sanction.
information to determine whether, and
Background The Department is issuing and
conclude that, Jingmei’s sale of subject
publishing these results in accordance
For a complete description of the merchandise to the United States was
with sections 751(a)(2)(B) and 777(i) of
events that followed the publication of bona fide. Based on the Department’s
the Tariff Act of 1930, as amended, and
the Preliminary Intent to Rescind,1 see complete analysis of all the information
19 CFR 351.214 and 19 CFR
the Issues and Decision Memorandum.2 and comments on the record of this
351.221(b)(5).
The Issues and Decision Memorandum review, we make no changes to the
is a public document and is on file Preliminary Intent to Rescind. Dated: March 23, 2017.
electronically via Enforcement and Accordingly, we have determined to Gary Taverman,
Compliance’s Antidumping and rescind this NSR. For a complete Associate Deputy Assistant Secretary for
Countervailing Duty Centralized discussion, see the Issues and Decision Antidumping and Countervailing Duty
Electronic Service System (ACCESS). Memorandum and the Preliminary Bona Operations.
ACCESS is available to registered users Fides Memo.5 Appendix List of Topics Discussed in
at http://access.trade.gov and to all the Issues and Decision Memorandum
users in the Department’s Central Assessment
I. Summary
Records Unit, Room B8024 of the main As the Department is rescinding this II. Background
Department of Commerce building. In NSR, we have not calculated a III. Scope of the Order
addition, a complete version of the company-specific subsidy rate for IV. Discussion of the Issues
Issues and Decision Memorandum can Jingmei. Comment: Whether the Record Contains
be accessed directly on the Internet at Sufficient Information To Conduct a
http://enforcement.trade.gov/frn/. The Cash Deposit Requirements Bona Fides Analysis
signed Issues and Decision V. Recommendation
Memorandum and the electronic Effective upon publication of this [FR Doc. 2017–06196 Filed 3–28–17; 8:45 am]
version of the Issues and Decision notice of the final rescission of the NSR BILLING CODE 3510–DS–P
Memorandum are identical in content. of Jingmei, the Department will instruct
U.S. Customs and Border Protection to
Scope of the Order discontinue the option of posting a bond DEPARTMENT OF COMMERCE
The merchandise covered by the order or security in lieu of a cash deposit for
is calcium hypochlorite, regardless of entries of subject merchandise from National Oceanic and Atmospheric
form (e.g., powder, tablet (compressed), Jingmei. Because we did not calculate a Administration
crystalline (granular), or in liquid subsidy rate for Jingmei, Jingmei
solution), whether or not blended with continues to be subject to the all-others RIN 0648–XF304
other materials, containing at least 10% rate. The all-others rate is 65.85
Fisheries of the South Atlantic;
available chlorine measured by actual percent.6 The current cash deposit
Southeast Data, Assessment, and
weight. Calcium hypochlorite is requirements shall remain in effect until
Review (SEDAR); Public Meetings
currently classifiable under the further notice.
subheading 2828.10.0000 of the AGENCY: National Marine Fisheries
3 For a complete description of the scope of the Service (NMFS), National Oceanic and
1 See Calcium Hypochlorite from the People’s order, see the Issues and Decision Memorandum. Atmospheric Administration (NOAA),
4 See Issues and Decision Memorandum.
Republic of China: Preliminary Intent to Rescind Commerce.
the New Shipper Review of Haixing Jingmei 5 See Memorandum to James C. Doyle, Director,
Chemical Products Sales Co., Ltd., 82 FR 83 Office V, Antidumping and Countervailing Duty ACTION: Notice of SEDAR 56 Assessment
(January 3, 2017) (Preliminary Intent to Rescind). Operations, through Catherine Bertrand, Program Webinars.
2 See Memorandum to Gary Taverman, Associate Manager, Office V, Antidumping and
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Elizabeth SUMMARY: The SEDAR 56 assessment of
mstockstill on DSK3G9T082PROD with NOTICES
Countervailing Duty Operations, from James Doyle, Lobaugh, International Trade Analyst, ‘‘Bona Fide the South Atlantic stock of black seabass
Director, Office V, ‘‘Issues and Decision Nature of the Sale in the Countervailing Duty New
Memorandum for the Final Rescission of the Shipper Review of Calcium Hypochlorite from the will consist of a series webinars. See
Countervailing Duty New Shipper Review of People’s Republic of China: Haixing Jingmei SUPPLEMENTARY INFORMATION.
Calcium Hypochlorite from the People’s Republic of Chemical Products Sales Co., Ltd.’’ (December 27, DATES: SEDAR 56 Assessment webinars
China: Haixing Jingmei Chemical Products Sales 2016) (Preliminary Bona Fides Memo).
Co., Ltd.’’ dated concurrently with and hereby 6 See Calcium Hypochlorite from the People’s will be held on Wednesday, June 21,
adopted by this notice (Issues and Decision Republic of China: Countervailing Duty Order, 80 2017, from 9 a.m. until 1 p.m.;
Memorandum). FR 5085 (January 30, 2015). Thursday, July 20, 2017, from 1 p.m.
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Document Created: 2017-03-29 01:14:56
Document Modified: 2017-03-29 01:14:56
| 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 29, 2017. | |
| Contact | Ryan Mullen or Elizabeth Lobaugh, 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) 482-5260 or (202) 482-7425, respectively. | |
| FR Citation | 82 FR 15494 |
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