82_FR_8418 82 FR 8403 - Ammonium Sulfate From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value

82 FR 8403 - Ammonium Sulfate From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 15 (January 25, 2017)

Page Range8403-8404
FR Document2017-01653

The U.S. Department of Commerce (``the Department'') determines that ammonium sulfate from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV''). The period of investigation is October 1, 2015, through March 31, 2016. The final dumping margin of sales at LTFV is listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 82 Issue 15 (Wednesday, January 25, 2017) 
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8403-8404]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01653]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-049]


Ammonium Sulfate From the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (``the Department'') 
determines that ammonium sulfate from the People's Republic of China 
(``PRC'') is being, or is likely to be, sold in the United States at 
less than fair value (``LTFV''). The period of investigation is October 
1, 2015, through March 31, 2016. The final dumping margin of sales at 
LTFV is listed below in the ``Final Determination'' section of this 
notice.

DATES: Effective January 25, 2017.

FOR FURTHER INFORMATION CONTACT: Maliha Khan, 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) 482-0895.

SUPPLEMENTARY INFORMATION: 

Background

    On November 9, 2016, the Department published the Preliminary 
Determination.\1\ Interested parties were invited to submit comments on 
the Preliminary Determination,\2\ but no comments were received. 
Additionally, no party requested a hearing.
---------------------------------------------------------------------------

    \1\ 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) (``Preliminary Determination''), and 
accompanying Preliminary Issues and Decision Memorandum (``PDM'').
    \2\ See Preliminary Determination, 81 FR 78776-78777; see also 
Ammonium Sulfate from the People's Republic of China: Correction to 
the Preliminary Determination of Sales at Less Than Fair Value, 81 
FR 84554 (November 23, 2016).
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation covers ammonium sulfate from the 
PRC. For a complete description of the scope of this investigation, see 
Appendix I.

Analysis of Comments Received

    As noted above, we received no comments in response to the 
Preliminary Determination.

Use of Adverse Facts Available

    As stated in the Preliminary Determination, we found that the PRC-
wide entity was unresponsive to the Department's requests for 
information. Specifically, as discussed in the Preliminary Decision 
Memorandum, of the 95 companies identified in the petition, only five 
submitted quantity and value (``Q&V'') information. However, none of 
the Q&V responses were useable for respondent selection

[[Page 8404]]

because three of the five responses submitted no shipment notifications 
and the remaining two included Q&V data showing that the companies did 
not ship to the United States the subject merchandise during the period 
of investigation.\3\ Without a useable Q&V response from a potential 
respondent, we were unable to select a mandatory respondent for 
individual examination in accordance with our normal methodology and 
calculate a rate. Therefore, the Department found that the PRC-wide 
entity failed to provide necessary information, withheld information 
requested by the Department, failed to provide information in a timely 
manner, and significantly impeded this proceeding by not submitting the 
requested information. Furthermore, because the PRC-wide entity failed 
to provide any information, for this final determination, the 
Department continues to find that use of facts available is warranted 
in determining the rate of the PRC-wide entity, pursuant to sections 
776(a)(1) and (a)(2)(A)-(C) of the Tariff Act of 1930, as amended 
(``the Act).\4\
---------------------------------------------------------------------------

    \3\ See Preliminary Determination, and PDM at 4.
    \4\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value, Affirmative Preliminary Determination of 
Critical Circumstances and Postponement of Final Determination: 
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam, 
68 FR 4986, 4991 (January 31, 2003), unchanged in Notice of Final 
Determination of Sales at Less Than Fair Value and Affirmative 
Critical Circumstances: Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam, 68 FR 37116 (June 23, 2003).
---------------------------------------------------------------------------

Final Determination

    The final weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                      Weighted-average
                 Exporter/producer                    margin  (percent)
------------------------------------------------------------------------
PRC-Wide Entity...................................               493.46
------------------------------------------------------------------------

Disclosure

    The weighted-average dumping margin assigned to the PRC-wide entity 
in the Preliminary Determination was based on adverse facts available. 
As we have made no changes to the margin since the Preliminary 
Determination, no disclosure of calculations is necessary for this 
final determination.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of ammonium sulfate 
from the PRC, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after 
November 9, 2016, the date of publication in the Federal Register of 
the affirmative Preliminary Determination.
    Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the 
Department will also instruct CBP to require for all PRC exporters/
producers of merchandise under consideration, and all non-PRC exporters 
of merchandise under consideration, the cash deposit rate applicable 
for the PRC-wide entity, 493.46 percent.\5\
---------------------------------------------------------------------------

    \5\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042, 
64137 (October 3, 2011).
---------------------------------------------------------------------------

    The Department is making no adjustments to the antidumping cash 
deposit rate in the instant investigation because the Department has 
made no findings in the companion countervailing duty investigation 
that any of the programs are export subsidies.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (``ITC'') of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury by reason of imports of ammonium 
sulfate from the PRC no later than 45 days after this final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all cash deposits will be refunded. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess, upon further instruction by the Department, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return of destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: January 17, 2017.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.

Appendix I

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 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. 2017-01653 Filed 1-24-17; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 8403 Weighted-average Producer and/or exporter dumping margin (percent) Pastificio Carmine Russo S.p.A. (Carmine) .................................................................................................................................. 2.47 Pastificio DiMartino Gaetano & F. Ili S.r.L. (DiMartino) ................................................................................................................ 2.47 Pastificio Fabianelli S.p.A. (Fabianelli) .......................................................................................................................................... 2.47 Pastificio Felicetti S.r. L. (Felicetti) ................................................................................................................................................ 2.47 Pastificio Labor S.r.L. (Labor) ........................................................................................................................................................ 2.47 Pastificio Riscossa F. Ili Mastromauro S.p.A. (AKA Pastificio Riscossa F. Ili. Mastromauro S.r.L.) (Riscossa) ......................... 2.47 Poiatti S.p.A. (Poiatti) .................................................................................................................................................................... 2.47 Premiato Pastificio Afeltra S.r. L. (Premiato) 8 .............................................................................................................................. 2.47 Rustichella d’Abruzzo S.p.A. (Rustichella) .................................................................................................................................... 2.47 Duty Assessment/Cash Deposits destruction of proprietary information at LTFV is listed below in the ‘‘Final The Department intends to issue disclosed under APO in accordance Determination’’ section of this notice. assessment instructions to CBP 15 days with 19 CFR 351.305(a)(3), which DATES: Effective January 25, 2017. after the date of publication of these continues to govern business FOR FURTHER INFORMATION CONTACT: amended final results to liquidate proprietary information in this segment Maliha Khan, AD/CVD Operations, shipments of subject merchandise of the proceeding. Timely written Office IV, Enforcement and Compliance, produced and/or exported by notification of the return/destruction of International Trade Administration, respondents listed above entered, or APO materials, or conversion to judicial U.S. Department of Commerce, 1401 withdrawn form warehouse, for protective order, is hereby requested. Constitution Avenue NW., Washington, consumption on or after July 1, 2014, Failure to comply with the regulations DC 20230; telephone: (202) 482–0895. through June 30, 2015. and the terms of an APO is a SUPPLEMENTARY INFORMATION: Pursuant to section 751(a)(2)(C) of the sanctionable violation. Act, the Department also intends to Disclosure Background instruct CBP to collect cash deposits of On November 9, 2016, the Department We will disclose the calculations estimated dumping duties, in the published the Preliminary performed for these amended final amounts shown above for each of the Determination.1 Interested parties were results to interested parties within five respective companies shown above, on invited to submit comments on the business days of the date of the shipments of subject merchandise Preliminary Determination,2 but no publication of this notice in accordance entered, or withdrawn from warehouse, comments were received. Additionally, with 19 CFR 351.224(b) for consumption on or after December no party requested a hearing. We are issuing and publishing this 16, 2016, the date of publication of the notice in accordance with sections Scope of the Investigation Final Results. For all non-reviewed 751(h) and 777(i)(1) of the Act and 19 firms, we will instruct CBP to continue The scope of the investigation covers CFR 351.224(e). to collect cash deposits at the most- ammonium sulfate from the PRC. For a recent company-specific or all-others Dated: January 17, 2017. complete description of the scope of this rate applicable to the company, as Paul Piquado, investigation, see Appendix I. appropriate. These cash deposit Assistant Secretary for Enforcement and Analysis of Comments Received requirements, when imposed, shall Compliance. remain in effect until further notice. [FR Doc. 2017–01597 Filed 1–24–17; 8:45 am] As noted above, we received no BILLING CODE 3510–DS–P comments in response to the Administrative Protective Order Preliminary Determination. This notice also serves as a reminder Use of Adverse Facts Available to parties subject to administrative DEPARTMENT OF COMMERCE protective orders (APO) of their As stated in the Preliminary responsibility concerning the return or International Trade Administration Determination, we found that the PRC- wide entity was unresponsive to the [A–570–049] 7 In the Initiation Notice, the Department initiated Department’s requests for information. an administrative review of ‘‘P.A.P SNC DI Pazienza Specifically, as discussed in the G.B. & C.’’ See Initiation of Antidumping and Ammonium Sulfate From the People’s Countervailing Duty Administrative Reviews, 80 FR Republic of China: Final Affirmative Preliminary Decision Memorandum, of 53106 (September 2, 2015) (Initiation Notice). In the Determination of Sales at Less Than the 95 companies identified in the recently completed changed circumstances review Fair Value petition, only five submitted quantity of this company the Department determined that and value (‘‘Q&V’’) information. P.A.P. S.R.L. is the successor-in-interest to P.A.P AGENCY: Enforcement and Compliance, SNC DI Pazienza G.B. & C. See Certain Pasta from However, none of the Q&V responses Italy: Final Results of Changed Circumstances International Trade Administration, were useable for respondent selection Review, 80 FR 48807 (August 14, 2015) (P.A.P. U.S. Department of Commerce. S.R.L. CCR). SUMMARY: The U.S. Department of 1 See Ammonium Sulfate from the People’s The rate of 2.47 percent, as listed in the rate chart Commerce (‘‘the Department’’) Republic of China: Preliminary Determination of mstockstill on DSK3G9T082PROD with NOTICES above, will apply to P.A.P SNC DI Pazienza G.B. & Sales at Less Than Fair Value, 81 FR 78776 C. for assessment purposes. Effective December 16, determines that ammonium sulfate from (November 9, 2016) (‘‘Preliminary Determination’’), 2016, the rate of 2.47 percent, as listed in the rate the People’s Republic of China (‘‘PRC’’) and accompanying Preliminary Issues and Decision chart above for P.A.P SNC DI Pazienza G.B. & C., is being, or is likely to be, sold in the Memorandum (‘‘PDM’’). will apply to P.A.P. S.R.L. for cash deposit United States at less than fair value 2 See Preliminary Determination, 81 FR 78776– purposes. 78777; see also Ammonium Sulfate from the 8 In the Initiation Notice, the Department (‘‘LTFV’’). The period of investigation is People’s Republic of China: Correction to the inadvertently misspelled the name of Premiato as October 1, 2015, through March 31, Preliminary Determination of Sales at Less Than ‘‘Premiato Pastificio Afreltra S.r.L.’’ 2016. The final dumping margin of sales Fair Value, 81 FR 84554 (November 23, 2016). VerDate Sep<11>2014 20:29 Jan 24, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\25JAN1.SGM 25JAN1

8404 Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices because three of the five responses entries of ammonium sulfate from the disclosed under APO in accordance submitted no shipment notifications PRC, as described in Appendix I of this with 19 CFR 351.305(a)(3). Timely and the remaining two included Q&V notice, which were entered, or notification of the return of destruction data showing that the companies did withdrawn from warehouse, for of APO materials, or conversion to not ship to the United States the subject consumption on or after November 9, judicial protective order, is hereby merchandise during the period of 2016, the date of publication in the requested. Failure to comply with the investigation.3 Without a useable Q&V Federal Register of the affirmative regulations and the terms of an APO is response from a potential respondent, Preliminary Determination. a sanctionable violation. we were unable to select a mandatory Further, pursuant to section respondent for individual examination 735(c)(1)(B)(ii) of the Act, the This determination is issued and in accordance with our normal Department will also instruct CBP to published in accordance with sections methodology and calculate a rate. require for all PRC exporters/producers 735(d) and 777(i)(1) of the Act, and 19 Therefore, the Department found that of merchandise under consideration, CFR 351.210(c). the PRC-wide entity failed to provide and all non-PRC exporters of Dated: January 17, 2017. necessary information, withheld merchandise under consideration, the Paul Piquado, information requested by the cash deposit rate applicable for the PRC- wide entity, 493.46 percent.5 Assistant Secretary, for Enforcement and Department, failed to provide Compliance. information in a timely manner, and The Department is making no significantly impeded this proceeding adjustments to the antidumping cash Appendix I by not submitting the requested deposit rate in the instant investigation because the Department has made no Scope of the Investigation information. Furthermore, because the PRC-wide entity failed to provide any findings in the companion The merchandise covered by this information, for this final countervailing duty investigation that investigation is ammonium sulfate in all determination, the Department any of the programs are export physical forms, with or without additives continues to find that use of facts subsidies. such as anti-caking agents. Ammonium available is warranted in determining sulfate, which may also be spelled as International Trade Commission the rate of the PRC-wide entity, ammonium sulphate, has the chemical Notification pursuant to sections 776(a)(1) and formula (NH4)2SO4. In accordance with section 735(d) of The scope includes ammonium sulfate that (a)(2)(A)-(C) of the Tariff Act of 1930, as the Act, we will notify the U.S. is combined with other products, including amended (‘‘the Act).4 International Trade Commission (‘‘ITC’’) by, for example, blending (i.e., mixing Final Determination of the final affirmative determination of granules of ammonium sulfate with granules sales at LTFV. Because the final of one or more other products), compounding The final weighted-average dumping determination in this proceeding is (i.e., when ammonium sulfate is compacted margin is as follows: affirmative, in accordance with section with one or more other products under high Weighted-average 735(b)(2) of the Act, the ITC will make pressure), or granulating (incorporating Exporter/producer margin its final determination as to whether the multiple products into granules through, e.g., (percent) domestic industry in the United States a slurry process). For such combined is materially injured, or threatened with products, only the ammonium sulfate PRC-Wide Entity ......... 493.46 material injury by reason of imports of component is covered by the scope of this ammonium sulfate from the PRC no investigation. Disclosure later than 45 days after this final Ammonium sulfate that has been The weighted-average dumping determination. If the ITC determines combined with other products is included margin assigned to the PRC-wide entity that material injury or threat of material within the scope regardless of whether the in the Preliminary Determination was injury does not exist, the proceeding combining occurs in countries other than based on adverse facts available. As we will be terminated and all cash deposits China. have made no changes to the margin will be refunded. If the ITC determines Ammonium sulfate that is otherwise since the Preliminary Determination, no that such injury does exist, the subject to this investigation is not excluded disclosure of calculations is necessary Department will issue an antidumping when commingled (i.e., mixed or combined) for this final determination. duty order directing CBP to assess, upon with ammonium sulfate from sources not further instruction by the Department, subject to this investigation. Only the subject Continuation of Suspension of antidumping duties on all imports of the component of such commingled products is Liquidation subject merchandise entered, or covered by the scope of this investigation. In accordance with section withdrawn from warehouse, for The Chemical Abstracts Service (CAS) 735(c)(1)(B) of the Act, the Department consumption on or after the effective registry number for ammonium sulfate is will instruct U.S. Customs and Border date of the suspension of liquidation. 7783–20–2. Protection (‘‘CBP’’) to continue to The merchandise covered by this Notification Regarding Administrative investigation is currently classifiable under suspend liquidation of all appropriate Protective Orders Harmonized Tariff Schedule of the United 3 See Preliminary Determination, and PDM at 4. This notice serves as a reminder to States (HTSUS) subheading 3102.21.0000. 4 See, e.g., Notice of Preliminary Determination of parties subject to an administrative Although this HTSUS subheading and CAS Sales at Less Than Fair Value, Affirmative protective order (‘‘APO’’) of their registry number are provided for convenience mstockstill on DSK3G9T082PROD with NOTICES Preliminary Determination of Critical responsibility concerning the and customs purposes, the written Circumstances and Postponement of Final description of the scope of the investigation Determination: Certain Frozen Fish Fillets From the disposition of proprietary information Socialist Republic of Vietnam, 68 FR 4986, 4991 is dispositive. (January 31, 2003), unchanged in Notice of Final 5 See Modification of Regulations Regarding the [FR Doc. 2017–01653 Filed 1–24–17; 8:45 am] Determination of Sales at Less Than Fair Value and Practice of Accepting Bonds During the Provisional BILLING CODE 3510–DS–P Affirmative Critical Circumstances: Certain Frozen Measures Period in Antidumping and Fish Fillets from the Socialist Republic of Vietnam, Countervailing Duty Investigations, 76 FR 61042, 68 FR 37116 (June 23, 2003). 64137 (October 3, 2011). VerDate Sep<11>2014 20:29 Jan 24, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 E:\FR\FM\25JAN1.SGM 25JAN1


Document Created: 2017-01-25 00:09:07
Document Modified: 2017-01-25 00:09:07
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 25, 2017.
ContactMaliha Khan, 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) 482-0895.
FR Citation82 FR 8403 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR