82_FR_4860 82 FR 4850 - Ammonium Sulfate From the People's Republic of China: Final Affirmative Countervailing Duty Determination

82 FR 4850 - Ammonium Sulfate From the People's Republic of China: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 10 (January 17, 2017)

Page Range4850-4852
FR Document2017-00843

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of ammonium sulfate from the People's Republic of China (PRC). The period of investigation is January 1, 2015 through December 31, 2015.

Federal Register, Volume 82 Issue 10 (Tuesday, January 17, 2017)
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4850-4852]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00843]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-050]


Ammonium Sulfate From the People's Republic of China: Final 
Affirmative Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of ammonium sulfate from the People's Republic of China (PRC). The 
period of investigation is January 1, 2015 through December 31, 2015.

DATES: Effective January 17, 2017.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-2923.

SUPPLEMENTARY INFORMATION: 

Background

    On November 2, 2016, the Department published its preliminary 
affirmative determination that countervailable subsidies are being 
provided to producers and exporters of ammonium sulfate from the PRC in 
the Federal Register.\1\ We invited interested parties to comment on 
our Preliminary Determination, and/or request a hearing. No party, 
including the mandatory respondents \2\ and the Government of China 
(GOC), submitted comments or requested a hearing.
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of Ammonium Sulfate 
from the People's Republic of China: Preliminary Affirmative 
Determination, 81 FR 76332 (November 2, 2016) (Preliminary 
Determination).
    \2\ The Department selected Wuzhoufeng Agricultural Science & 
Technology Co. Ltd. (Wuzhoufeng AST) and Yantai Jiahe Agriculture 
Means of Production Co. Ltd. (Yantai AMP) as mandatory respondents.
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is ammonium sulfate from 
the PRC. For a complete description of the scope of this investigation, 
see Appendix II.

Verification

    None of the mandatory respondents in this investigation provided 
information requested by the Department. Hence, no verification was 
conducted.

Use of Adverse Facts Available (AFA)

    As discussed above, we received no comments from interested parties 
pertaining to the Preliminary Determination. Therefore, for this final 
determination, and pursuant to sections 776(a)-(d) of the Tariff Act of 
1930, as amended (the Act), we continue to rely on facts available for 
Wuzhoufeng AST and Yantai AMP, the two mandatory respondents, and the 
GOC, which did not respond to our countervailing duty 
questionnaires.\3\ Further, we continue to find that Wuzhoufeng AST, 
Yantai AMP, and the GOC failed to act to the best of their ability and, 
therefore, we are drawing an adverse inference in selecting from among 
the facts otherwise available to determine whether the programs subject 
to this investigation constitute countervailable subsidies and to 
calculate the ad valorem rates for Wuzhoufeng AST and Yantai AMP.\4\
---------------------------------------------------------------------------

    \3\ See Memorandum, '' Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Ammonium Sulfate from the People's Republic of China,'' dated 
October 24, 2016 (Preliminary Decision Memorandum) at 1-2, 5-7 and 
Attachment 1.
    \4\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

    For this final determination, as AFA, we continue to find all 
programs

[[Page 4851]]

included in this proceeding to be countervailable, i.e., they provide a 
financial contribution within the meaning of sections 771(5)(B)(i) and 
(D) of the Act, confer a benefit within the meaning of section 
771(5)(E) of the Act, and are specific within the meaning of section 
771(5A) of the Act.\5\ The Department's calculation of the AFA rate was 
discussed in the Preliminary Decision Memorandum which is incorporated 
by reference, and hereby adopted by, this final determination.\6\ 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.
---------------------------------------------------------------------------

    \5\ See Preliminary Decision Memorandum at 6-10.
    \6\ See id. at Attachment 1.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated countervailing duty rates for the individually investigated 
producers/exporters of the subject merchandise, Wuzhoufeng AST and 
Yantai AMP.
    With respect to the ``all-others'' rate, section 705(c)(5)(A)(ii) 
of the Act provides that if the countervailing duty rates established 
for all exporters and producers individually investigated are 
determined entirely in accordance with section 776 of the Act, the 
Department may use any reasonable method to establish an all-others 
rate for exporters and producers not individually investigated. In this 
case, the rates assigned to Wuzhoufeng AST and Yantai AMP are based 
entirely on facts otherwise available, with adverse inferences, under 
section 776 of the Act. Because there is no other information on the 
record with which to determine an all-others rate, in accordance with 
section 705(c)(5)(A)(ii) of the Act, we have established the all-others 
rate by applying the countervailable subsidy rates for mandatory 
respondents Wuzhoufeng AST and Yantai AMP. The final countervailable 
subsidy rates are summarized in the table below.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Wuzhoufeng Agricultural Science & Technology Co. Ltd....          206.72
Yantai Jiahe Agriculture Means of Production Co. Ltd....          206.72
All-Others..............................................          206.72
------------------------------------------------------------------------

Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to suspend all entries of ammonium sulfate 
from the PRC, as described in the ``Scope of the Investigation,'' that 
were entered, or withdrawn from warehouse, for consumption on or after 
November 2, 2016, the date of the publication of the Preliminary 
Determination in the Federal Register. Additionally, at that time, we 
instructed CBP to collect cash deposits of estimated countervailing 
duties at the rates determined in the Preliminary Determination.\7\ The 
suspension of liquidation and collection of cash deposits will remain 
in effect until further notice.
---------------------------------------------------------------------------

    \7\ See Preliminary Determination, 81 FR at 76332.
---------------------------------------------------------------------------

    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and will 
instruct CBP to continue to suspend liquidation under section 706(a) of 
the Act and to continue to require a cash deposit of estimated CVDs for 
such entries of merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited, or securities posted as a result of the suspension of 
liquidation, will be refunded or canceled.

Disclosure

    We described the calculations used to determine CVD rates based on 
AFA in the Preliminary Decision Memorandum.\8\ Thus, no additional 
disclosure of calculations is necessary for this final determination.

ITC Notification
---------------------------------------------------------------------------

    \8\ See Preliminary Decision Memorandum at ``Application of AFA: 
Wuzhoufeng AST and Yantai AMP, and the GOC.''
---------------------------------------------------------------------------

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding APOs

    This notice will serve as a reminder to the parties subject to APO 
of their responsibility concerning the disposition of proprietary 
information disclosed under APOs in accordance with 19 CFR 351.305. 
Timely written notification of the return or 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 sanctionable violation.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: January 9, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports From the PRC
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. ITC Notification
X. Public Comment
XI. Conclusion

Appendix II

Scope of the Investigation

    The merchandise covered by this investigation is ammonium 
sulfate in all physical forms, with or without additives such as 
anti-caking agents. Ammonium sulfate, which may also be spelled as 
ammonium sulphate, has the chemical formula 
(NH4)2SO4.
    The scope includes ammonium sulfate that is combined with other 
products, including by, for example, blending (i.e., mixing granules 
of ammonium sulfate with granules of one or more other products), 
compounding (i.e., when ammonium sulfate is compacted with one or 
more other products under high pressure), or granulating 
(incorporating multiple products into granules through, e.g., a 
slurry process). For such combined products, only the ammonium 
sulfate component is covered by the scope of this investigation.
    Ammonium sulfate that has been combined with other products is 
included within the scope regardless of whether the

[[Page 4852]]

combining occurs in countries other than China.
    Ammonium sulfate that is otherwise subject to this investigation 
is not excluded when commingled (i.e., mixed or combined) with 
ammonium sulfate from sources not subject to this investigation. 
Only the subject component of such commingled products is covered by 
the scope of this investigation.
    The Chemical Abstracts Service (CAS) registry number for 
ammonium sulfate is 7783-20-2.
    The merchandise covered by this investigation is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and 
CAS registry number are provided for convenience and customs 
purposes, the written description of the scope of the investigation 
is dispositive.

[FR Doc. 2017-00843 Filed 1-13-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                4850                          Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices

                                                tires, mobile home tires, motorcycle tires, all-        8716.90.5056 and 8716.90.5059. While                   Background
                                                terrain vehicle tires, bicycle tires, on-road or        HTSUS subheadings are provided for
                                                on-highway trailer tires, and truck and bus             convenience and customs purposes, the                    On November 2, 2016, the Department
                                                tires. Such tires generally have in common              written description of the subject                     published its preliminary affirmative
                                                that the symbol ‘‘DOT’’ must appear on the              merchandise is dispositive.                            determination that countervailable
                                                sidewall, certifying that the tire conforms to                                                                 subsidies are being provided to
                                                applicable motor vehicle safety standards.              Appendix II                                            producers and exporters of ammonium
                                                Such excluded tires may also have the                   List of Topics Discussed in the Issues and             sulfate from the PRC in the Federal
                                                following prefixes and suffixes included as             Decision Memorandum                                    Register.1 We invited interested parties
                                                part of the size designation on their                                                                          to comment on our Preliminary
                                                sidewalls:                                              I. Summary
                                                   Prefix letter designations:                          II. List of Issues                                     Determination, and/or request a hearing.
                                                   AT—Identifies a tire intended for service            III. Background                                        No party, including the mandatory
                                                on All-Terrain Vehicles;                                IV. Scope of the Investigation                         respondents 2 and the Government of
                                                   P—Identifies a tire intended primarily for           V. Discussion of the Issues:                           China (GOC), submitted comments or
                                                service on passenger cars;                                 Comment 1: Standard Differential Pricing            requested a hearing.
                                                   LT—Identifies a tire intended primarily for                Methodology
                                                service on light trucks;                                   Comment 2: Unreported U.S. Sample Sales             Scope of the Investigation
                                                   T—Identifies a tire intended for one-                   Comment 3: Sales Outside the Ordinary                 The product covered by this
                                                position ‘‘temporary use’’ as a spare only;                   Course of Trade                                  investigation is ammonium sulfate from
                                                and                                                        Comment 4: Commission Offset
                                                                                                           Comment 5: ATC’s Revised Cost Database
                                                                                                                                                               the PRC. For a complete description of
                                                   ST—Identifies a special tire for trailers in                                                                the scope of this investigation, see
                                                highway service.                                              Submitted After Verification
                                                   Suffix letter designations:                             Comment 6: Affirmative Determination of             Appendix II.
                                                   TR—Identifies a tire for service on trucks,                ATC                                              Verification
                                                buses, and other vehicles with rims having                 Comment 7: Correction of Minor Errors
                                                specified rim diameter of nominal plus                        from U.S. Sales Verification                       None of the mandatory respondents in
                                                0.156’’ or plus 0.250’’;                                   Comment 8: Warranty                                 this investigation provided information
                                                   MH—Identifies tires for Mobile Homes;                   Comment 9: Other Discounts                          requested by the Department. Hence, no
                                                   HC—Identifies a heavy duty tire designated              Comment 10: Classification of BKT’s Sales           verification was conducted.
                                                for use on ‘‘HC’’ 15’’ tapered rims used on                Comment 11: Duty Drawback
                                                trucks, buses, and other vehicles. This suffix             Comment 12: CEP Offset                              Use of Adverse Facts Available (AFA)
                                                is intended to differentiate among tires for               Comment 13: Quantity Unit of Measure                   As discussed above, we received no
                                                light trucks, and other vehicles or other                  Comment 14: Correction of Verification              comments from interested parties
                                                services, which use a similar designation.                    Errors
                                                                                                                                                               pertaining to the Preliminary
                                                   Example: 8R17.5 LT, 8R17.5 HC;                          Comment 15: Correction of Preliminary
                                                                                                              Determination Errors
                                                                                                                                                               Determination. Therefore, for this final
                                                   LT—Identifies light truck tires for service                                                                 determination, and pursuant to sections
                                                on trucks, buses, trailers, and multipurpose            VI. Recommendation
                                                passenger vehicles used in nominal highway
                                                                                                                                                               776(a)–(d) of the Tariff Act of 1930, as
                                                                                                        [FR Doc. 2017–00869 Filed 1–13–17; 8:45 am]
                                                service;                                                                                                       amended (the Act), we continue to rely
                                                                                                        BILLING CODE 3510–DS–P
                                                   ST—Special tires for trailers in highway                                                                    on facts available for Wuzhoufeng AST
                                                service; and                                                                                                   and Yantai AMP, the two mandatory
                                                   M/C—Identifies tires and rims for                                                                           respondents, and the GOC, which did
                                                                                                        DEPARTMENT OF COMMERCE
                                                motorcycles.                                                                                                   not respond to our countervailing duty
                                                   The following types of tires are also                                                                       questionnaires.3 Further, we continue to
                                                                                                        International Trade Administration
                                                excluded from the scope: Pneumatic tires                                                                       find that Wuzhoufeng AST, Yantai
                                                that are not new, including recycled or                                                                        AMP, and the GOC failed to act to the
                                                retreaded tires and used tires; non-pneumatic           [C–570–050]
                                                                                                                                                               best of their ability and, therefore, we
                                                tires, including solid rubber tires; aircraft
                                                tires; and turf, lawn and garden, and golf              Ammonium Sulfate From the People’s                     are drawing an adverse inference in
                                                tires. Also excluded from the scope are                 Republic of China: Final Affirmative                   selecting from among the facts
                                                mining and construction tires that have a rim           Countervailing Duty Determination                      otherwise available to determine
                                                diameter equal to or exceeding 39 inches.                                                                      whether the programs subject to this
                                                Such tires may be distinguished from other              AGENCY:  Enforcement and Compliance,                   investigation constitute countervailable
                                                tires of similar size by the number of plies            International Trade Administration,                    subsidies and to calculate the ad
                                                that the construction and mining tires                  Department of Commerce.                                valorem rates for Wuzhoufeng AST and
                                                contain (minimum of 16) and the weight of                                                                      Yantai AMP.4
                                                                                                        SUMMARY: The Department of Commerce
                                                such tires (minimum 1500 pounds).                                                                                 For this final determination, as AFA,
                                                   The subject merchandise is currently                 (the Department) determines that
                                                                                                        countervailable subsidies are being                    we continue to find all programs
                                                classifiable under Harmonized Tariff
                                                Schedule of the United States (HTSUS)                   provided to producers and exporters of                   1 See Countervailing Duty Investigation of
                                                subheadings: 4011.20.1025, 4011.20.1035,                ammonium sulfate from the People’s                     Ammonium Sulfate from the People’s Republic of
                                                4011.20.5030, 4011.20.5050, 4011.61.0000,               Republic of China (PRC). The period of                 China: Preliminary Affirmative Determination, 81
                                                4011.62.0000, 4011.63.0000, 4011.69.0050,               investigation is January 1, 2015 through               FR 76332 (November 2, 2016) (Preliminary
                                                4011.92.0000, 4011.93.4000, 4011.93.8000,               December 31, 2015.                                     Determination).
                                                4011.94.4000, 4011.94.8000, 8431.49.9038,                                                                        2 The Department selected Wuzhoufeng

                                                8431.49.9090, 8709.90.0020, and                         DATES: Effective January 17, 2017.                     Agricultural Science & Technology Co. Ltd.
                                                8716.90.1020. Tires meeting the scope                   FOR FURTHER INFORMATION CONTACT:                       (Wuzhoufeng AST) and Yantai Jiahe Agriculture
sradovich on DSK3GMQ082PROD with NOTICES




                                                description may also enter under the                                                                           Means of Production Co. Ltd. (Yantai AMP) as
                                                                                                        Robert Galantucci, AD/CVD Operations,                  mandatory respondents.
                                                following HTSUS subheadings:                            Office IV, Enforcement and Compliance,                   3 See Memorandum, ’’ Decision Memorandum for
                                                4011.99.4550, 4011.99.8550, 8424.90.9080,               International Trade Administration,                    the Preliminary Affirmative Determination in the
                                                8431.20.0000, 8431.39.0010, 8431.49.1090,
                                                                                                        U.S. Department of Commerce, 1401                      Countervailing Duty Investigation of Ammonium
                                                8431.49.9030, 8432.90.0005, 8432.90.0015,                                                                      Sulfate from the People’s Republic of China,’’ dated
                                                8432.90.0030, 8432.90.0080, 8433.90.5010,               Constitution Avenue NW., Washington,
                                                                                                                                                               October 24, 2016 (Preliminary Decision
                                                8503.00.9560, 8708.70.0500, 8708.70.2500,               DC 20230; telephone (202) 482–2923.                    Memorandum) at 1–2, 5–7 and Attachment 1.
                                                8708.70.4530, 8716.90.5035, 8716.90.5055,               SUPPLEMENTARY INFORMATION:                               4 See sections 776(a) and (b) of the Act.




                                           VerDate Sep<11>2014   18:21 Jan 13, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\17JAN1.SGM   17JAN1


                                                                               Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices                                                        4851

                                                included in this proceeding to be                                                                        Subsidy rate privileged and business proprietary
                                                                                                                       Company
                                                countervailable, i.e., they provide a                                                                     (percent)   information in our files, provided the
                                                financial contribution within the                                                                                     ITC confirms it will not disclose such
                                                meaning of sections 771(5)(B)(i) and (D)                 Wuzhoufeng Agricultural                                      information, either publicly or under an
                                                of the Act, confer a benefit within the                    Science & Technology Co.                                   administrative protective order (APO),
                                                                                                           Ltd .....................................           206.72
                                                meaning of section 771(5)(E) of the Act,                 Yantai Jiahe Agriculture                                     without the written consent of the
                                                and are specific within the meaning of                     Means of Production Co.                                    Assistant Secretary for Enforcement and
                                                section 771(5A) of the Act.5 The                           Ltd .....................................           206.72 Compliance.
                                                Department’s calculation of the AFA                      All-Others ..............................             206.72
                                                                                                                                                                        Notification Regarding APOs
                                                rate was discussed in the Preliminary
                                                Decision Memorandum which is                             Suspension of Liquidation                                        This notice will serve as a reminder
                                                incorporated by reference, and hereby                                                                                   to the parties subject to APO of their
                                                                                                            As a result of our Preliminary                              responsibility concerning the
                                                adopted by, this final determination.6                   Determination, and pursuant to sections
                                                The Preliminary Decision Memorandum                                                                                     disposition of proprietary information
                                                                                                         703(d)(1)(B) and (d)(2) of the Act, we                         disclosed under APOs in accordance
                                                is a public document and is on file                      instructed U.S. Customs and Border
                                                electronically via Enforcement and                                                                                      with 19 CFR 351.305. Timely written
                                                                                                         Protection (CBP) to suspend all entries                        notification of the return or destruction
                                                Compliance’s Antidumping and                             of ammonium sulfate from the PRC, as
                                                Countervailing Duty Centralized                                                                                         of APO materials or conversion to
                                                                                                         described in the ‘‘Scope of the                                judicial protective order is hereby
                                                Electronic Service System (ACCESS).                      Investigation,’’ that were entered, or
                                                ACCESS is available to registered users                                                                                 requested. Failure to comply with the
                                                                                                         withdrawn from warehouse, for
                                                at http://access.trade.gov, and is                                                                                      regulations and terms of an APO is a
                                                                                                         consumption on or after November 2,
                                                available to all parties in the Central                                                                                 sanctionable violation.
                                                                                                         2016, the date of the publication of the                         This determination is issued and
                                                Records Unit, Room B8024 of the main                     Preliminary Determination in the
                                                Department of Commerce building. In                                                                                     published pursuant to sections 705(d)
                                                                                                         Federal Register. Additionally, at that                        and 777(i) of the Act.
                                                addition, a complete version of the                      time, we instructed CBP to collect cash
                                                Preliminary Decision Memorandum can                      deposits of estimated countervailing                             Dated: January 9, 2017.
                                                be accessed directly at http://                          duties at the rates determined in the                          Paul Piquado,
                                                enforcement.trade.gov/frn/. The signed                   Preliminary Determination.7 The                                Assistant Secretary for Enforcement and
                                                Preliminary Decision Memorandum and                      suspension of liquidation and collection                       Compliance.
                                                the electronic version of the Preliminary                of cash deposits will remain in effect                         Appendix I
                                                Decision Memorandum are identical in                     until further notice.
                                                content.                                                    If the U.S. International Trade                             List of Topics Discussed in the Preliminary
                                                                                                         Commission (ITC) issues a final                                Decision Memorandum
                                                Final Determination
                                                                                                         affirmative injury determination, we                           I. Summary
                                                   In accordance with section                            will issue a CVD order and will instruct                       II. Background
                                                705(c)(1)(B)(i) of the Act, we calculated                CBP to continue to suspend liquidation                         III. Scope Comments
                                                                                                                                                                        IV. Scope of the Investigation
                                                countervailing duty rates for the                        under section 706(a) of the Act and to                         V. Injury Test
                                                individually investigated producers/                     continue to require a cash deposit of                          VI. Application of the CVD Law to Imports
                                                exporters of the subject merchandise,                    estimated CVDs for such entries of                                   From the PRC
                                                Wuzhoufeng AST and Yantai AMP.                           merchandise in the amounts indicated                           VII. Use of Facts Otherwise Available and
                                                   With respect to the ‘‘all-others’’ rate,              above. If the ITC determines that                                    Adverse Inferences
                                                section 705(c)(5)(A)(ii) of the Act                      material injury, or threat of material                         VIII. Calculation of the All-Others Rate
                                                provides that if the countervailing duty                 injury, does not exist, this proceeding                        IX. ITC Notification
                                                                                                                                                                        X. Public Comment
                                                rates established for all exporters and                  will be terminated and all estimated
                                                                                                                                                                        XI. Conclusion
                                                producers individually investigated are                  duties deposited, or securities posted as
                                                determined entirely in accordance with                   a result of the suspension of liquidation,                     Appendix II
                                                section 776 of the Act, the Department                   will be refunded or canceled.                                  Scope of the Investigation
                                                may use any reasonable method to                         Disclosure                                                        The merchandise covered by this
                                                establish an all-others rate for exporters                                                                              investigation is ammonium sulfate in all
                                                and producers not individually                             We described the calculations used to
                                                                                                                                                                        physical forms, with or without additives
                                                investigated. In this case, the rates                    determine CVD rates based on AFA in                            such as anti-caking agents. Ammonium
                                                assigned to Wuzhoufeng AST and                           the Preliminary Decision                                       sulfate, which may also be spelled as
                                                Yantai AMP are based entirely on facts                   Memorandum.8 Thus, no additional                               ammonium sulphate, has the chemical
                                                otherwise available, with adverse                        disclosure of calculations is necessary                        formula (NH4)2SO4.
                                                inferences, under section 776 of the Act.                for this final determination.                                     The scope includes ammonium sulfate that
                                                                                                                                                                        is combined with other products, including
                                                Because there is no other information on                 ITC Notification                                               by, for example, blending (i.e., mixing
                                                the record with which to determine an                                                                                   granules of ammonium sulfate with granules
                                                                                                           In accordance with section 705(d) of
                                                all-others rate, in accordance with                                                                                     of one or more other products), compounding
                                                                                                         the Act, we will notify the ITC of our
                                                section 705(c)(5)(A)(ii) of the Act, we                                                                                 (i.e., when ammonium sulfate is compacted
                                                                                                         determination. In addition, we are
                                                have established the all-others rate by                                                                                 with one or more other products under high
                                                                                                         making available to the ITC all non-                           pressure), or granulating (incorporating
                                                applying the countervailable subsidy
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         privileged and non-proprietary                                 multiple products into granules through, e.g.,
                                                rates for mandatory respondents
                                                                                                         information related to this investigation.                     a slurry process). For such combined
                                                Wuzhoufeng AST and Yantai AMP. The
                                                                                                         We will allow the ITC access to all                            products, only the ammonium sulfate
                                                final countervailable subsidy rates are                                                                                 component is covered by the scope of this
                                                summarized in the table below.                             7 See                                                        investigation.
                                                                                                                 Preliminary Determination, 81 FR at 76332.
                                                                                                           8 See Preliminary Decision Memorandum at                        Ammonium sulfate that has been
                                                  5 See   Preliminary Decision Memorandum at 6–10.       ‘‘Application of AFA: Wuzhoufeng AST and Yantai                combined with other products is included
                                                  6 See   id. at Attachment 1.                           AMP, and the GOC.’’                                            within the scope regardless of whether the



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                                                4852                          Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices

                                                combining occurs in countries other than                Background                                              Analysis of Comments Received
                                                China.
                                                   Ammonium sulfate that is otherwise                      On July 12, 2016, the Department                        All issues raised in the case and
                                                subject to this investigation is not excluded           published its Preliminary Results of the                rebuttal briefs filed by parties in this
                                                when commingled (i.e., mixed or combined)                                                                       review are addressed in the Issues and
                                                                                                        administrative review.1 On August 25,
                                                with ammonium sulfate from sources not                                                                          Decision Memorandum, which is hereby
                                                                                                        2016, respondents Heze Huayi, Kangtai,                  adopted by this notice. A list of the
                                                subject to this investigation. Only the subject
                                                component of such commingled products is                Jiheng, collectively submitted a case                   issues that parties raised and to which
                                                covered by the scope of this investigation.             brief.2 On September 6, 2016, Biolab,                   we responded in the Issues and
                                                   The Chemical Abstracts Service (CAS)                 Inc., Clearon Corp. and Occidental                      Decision Memorandum follows as an
                                                registry number for ammonium sulfate is                 Chemical Corp. (collectively,                           appendix to this notice. The Issues and
                                                7783–20–2.                                              ‘‘Petitioners’’) submitted a rebuttal                   Decision Memorandum is a public
                                                   The merchandise covered by this                      brief.3
                                                investigation is currently classifiable under                                                                   document and is on file electronically
                                                Harmonized Tariff Schedule of the United                   On October 21, 2016, the Department                  via Enforcement and Compliance’s
                                                States (HTSUS) subheading 3102.21.0000.                 fully extended the deadline for the final               Antidumping and Countervailing Duty
                                                Although this HTSUS subheading and CAS                  results in this administrative review                   Centralized Electronic Service System
                                                registry number are provided for convenience            until January 9, 2017.4 The Department                  (‘‘ACCESS’’). ACCESS is available to
                                                and customs purposes, the written
                                                                                                        held a public hearing on December 14,                   registered users at http://
                                                description of the scope of the investigation                                                                   access.trade.gov and to all parties in the
                                                is dispositive.                                         2016, to address issues raised in the
                                                                                                                                                                Central Records Unit, Room B8024 of
                                                                                                        case and rebuttal briefs.5
                                                [FR Doc. 2017–00843 Filed 1–13–17; 8:45 am]                                                                     the main Department of Commerce
                                                BILLING CODE 3510–DS–P                                  Scope of the Order                                      building. In addition, a complete
                                                                                                                                                                version of the Issues and Decision
                                                                                                           The products covered by the order are                Memorandum can be accessed directly
                                                DEPARTMENT OF COMMERCE                                  chloro isos, which are derivatives of                   on the Internet at http://
                                                                                                        cyanuric acid, described as chlorinated                 enforcement.trade.gov/frn/index.html.
                                                International Trade Administration                      s-triazine triones. Chlorinated isos are                The signed Issues and Decision
                                                                                                        currently classifiable under subheadings                Memorandum and electronic versions of
                                                [A–570–898]                                             2933.69.6015, 2933.69.6021,                             the Issues and Decision Memorandum
                                                                                                        2933.69.6050, 3808.40.50, 3808.50.40                    are identical in content.
                                                Chlorinated Isocyanurates From the                      and 3808.94.5000 of the Harmonized
                                                People’s Republic of China: Final                                                                               Changes Since the Preliminary Results
                                                                                                        Tariff Schedule of the United States.
                                                Results of Antidumping Duty                             Although the HTSUS subheadings are                        Based on a review of the record and
                                                Administrative Review; 2014–2015                                                                                comments received from interested
                                                                                                        provided for convenience and customs
                                                                                                        purposes, the written description of                    parties regarding our Preliminary
                                                AGENCY:    Enforcement and Compliance,                                                                          Results, we have made revisions to the
                                                International Trade Administration,                     merchandise subject to the scope is
                                                                                                                                                                margin calculations for all three
                                                Department of Commerce.                                 dispositive. For a full description of the
                                                                                                                                                                companies as a result of changes in the
                                                SUMMARY: On July 12, 2016, the                          scope of the order, see Issues and                      surrogate financial ratios and the
                                                Department of Commerce (‘‘the                           Decision Memorandum.6                                   surrogate value for steam coal.7
                                                Department’’) published its Preliminary
                                                Results of the administrative review of                    1 See Chlorinated Isocyanurates from the People’s    Final Results of Administrative Review
                                                                                                        Republic of China: Preliminary Results of                 The weighted-average dumping
                                                the antidumping duty order on                           Antidumping Duty Administrative Review; 2014–
                                                chlorinated isocyanurates (‘‘chloro                     2015, 81 FR 45128 (July 12, 2016) (Preliminary          margins for the administrative review
                                                isos’’) from the People’s Republic of                   Results).                                               are as follows:
                                                China (‘‘the PRC’’). The period of review                  2 See ‘‘Chlorinated Isocyanurates from the

                                                (POR) is June 1, 2014, through May 31,                  People’s Republic of China: Case Brief,’’ (August 25,                                                    Weighted-
                                                                                                        2016).                                                                                                    average
                                                2015. This review covers three                             3 See ‘‘The Administrative Review of the                              Exporter                        dumping
                                                producers/exporters: (1) Heze Huayi                     Antidumping Duty Order on Chlorinated                                                                      margin
                                                Chemical Co., Ltd. (‘‘Heze Huayi’’); (2)                Isocyanurates from the People’s Republic of China:                                                       (percent)
                                                Hebei Jiheng Chemical Co., Ltd.                         Rebuttal Brief of Biolab, Inc., Clearon Corp. and
                                                (‘‘Jiheng’’); and (3) Juancheng Kangtai                 Occidental Chemical Corporation,’’ (September 6,        Heze Huayi Chemical Co., Ltd ...                     53.95
                                                                                                        2016).                                                  Hebei Jiheng Chemical Co., Ltd                       61.03
                                                Chemical Co., Ltd. (‘‘Kangtai’’). We                       4 See Memorandum to Christian Marsh, Deputy
                                                                                                                                                                Juancheng Kangtai Chemical
                                                invited parties to comment on our                       Assistant Secretary for Antidumping and                   Co., Ltd ...................................       35.05
                                                Preliminary Results. Based on our                       Countervailing Duty Operations, ‘‘Chlorinated
                                                analysis of the comments received, we                   Isocyanurates from the People’s Republic of China:
                                                                                                        Extension of Deadline for Final Results of              Assessment Rates
                                                made certain changes to our margin                      Antidumping Duty Administrative Review,’’
                                                calculations for all three respondents.                 (October 21, 2016).
                                                                                                                                                                   Pursuant to section 751(a)(2)(A) of the
                                                The final dumping margins for this                         5 See Hearing Transcript, ‘‘Public Hearing in the    Tariff Act of 1930, as amended (the
                                                review are listed in the ‘‘Final Results’’              Matter of: Administrative Review under the              ‘‘Act’’), and 19 CFR 351.212(b), the
                                                section below.                                          Antidumping Duty Order on Chlorinated                   Department has determined, and U.S.
                                                                                                        Isocyanurates from the People’s Republic of China,’’    Customs and Border Protection (‘‘CBP’’)
                                                DATES: Effective January 17, 2017.                      (December 20, 2016).
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           6 See Memorandum to Paul Piquado, Assistant
                                                                                                                                                                shall assess, antidumping duties on all
                                                FOR FURTHER INFORMATION CONTACT:                                                                                appropriate entries of subject
                                                                                                        Secretary for Enforcement and Compliance,
                                                Sean Carey, AD/CVD Operations, Office                   ‘‘Decision Memorandum for the Final Results of          merchandise in accordance with the
                                                VII, Enforcement and Compliance,                        Antidumping Duty Administrative Review:                 final results of this review. The
                                                International Trade Administration,                     Chlorinated Isocyanurates from the People’s             Department intends to issue appropriate
                                                                                                        Republic of China; 2014–2015,’’ (‘‘Issues and
                                                U.S. Department of Commerce, 1401                       Decision Memorandum’’) issued concurrently with         assessment instructions directly to CBP
                                                Constitution Avenue NW., Washington,                    this notice for a complete description of the scope
                                                DC 20230; telephone: (202) 482–3964.                    of the Order.                                             7 See   Issues and Decision Memorandum, at 1.



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Document Created: 2017-01-14 01:44:51
Document Modified: 2017-01-14 01:44:51
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 January 17, 2017.
ContactRobert Galantucci, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-2923.
FR Citation82 FR 4850 

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